Citations Affected: IC 12-17.2; IC 31-33; IC 35-46; noncode.
Synopsis: Child care providers and reckless supervision of a child.
Prohibits reimbursement through the federal Child Care and
Development Fund (CCDF) voucher program and licensure of certain
child care providers based on criminal histories of providers,
employees, volunteers, and household members. Adds minimum
eligibility standards for child care providers participating in the CCDF
voucher reimbursement program and provides for administrative
review of CCDF voucher reimbursement. Provides that a child care
provider who recklessly supervises a child who is seriously injured as
a result of the provider's reckless supervision commits reckless
supervision of a child, a Class D felony, and if the child dies, the
provider commits reckless supervision of a child resulting in death, a
Class C felony. Prohibits voucher payments for a person convicted of
operating a child care home or child care center without a license.
Includes grounds for denying an application for or revocation of a child
care home or child care center license.
Effective: July 1, 2002.
January 7, 2002, read first time and referred to Committee on Health and Provider
Services.
January 24, 2002, reported favorably _ Do Pass.
January 28, 2002, read second time, ordered engrossed.
January 29, 2002, engrossed.
January 31, 2002, read third time, passed. Yeas 50, nays 0.
A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
SECTION 1. IC 12-17.2-3.5-4, AS ADDED BY P.L.247-2001,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 4. A provider who:
(1) has been convicted of a:
(A) felony; or
(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; or
(2) fails to meet the requirements set forth in sections 5 through
12 12.1 of this chapter;
is ineligible to receive a voucher payment.
SECTION 2. IC 12-17.2-3.5-4.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 4.1. (a) As used in this section,
"individual" means:
(1) a provider;
(2) if a provider provides child care in the provider's home, an
individual who resides with the provider and who is at least
eighteen (18) years of age; or
(3) an individual who is employed at the facility where a
provider provides child care.
(b) If information obtained by a voucher agent under
IC 31-33-17-6(7) indicates that an individual has been named as an
alleged perpetrator, the following are ineligible to receive a
voucher payment:
(1) The individual.
(2) A provider in whose home the individual resides if the
provider provides child care in the provider's home.
(3) A provider that employs the individual at the facility
where the provider provides child care.
SECTION 3. IC 12-17.2-3.5-5, AS ADDED BY P.L.247-2001,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 5. A provider shall have:
(1) working smoke detectors that meet the standards adopted by
rule for smoke detectors in licensed child care homes; and
(2) running water;
in the area of the facility where the provider provides child care.
SECTION 4. IC 12-17.2-3.5-10, AS ADDED BY P.L.247-2001,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 10. (a) A facility where a provider provides
child care must have two (2) exits that:
(1) do not require passage through a:
(A) garage; or
(B) storage area;
where hazardous materials are stored;
(2) are not windows;
(3) are on different sides of the facility;
(4) are not blocked; and
(5) are operable from the inside without the use of a key or
any special knowledge.
(b) A provider shall:
(1) conduct monthly documented fire drills:
(A) in accordance with Article 13 of the Indiana fire code the
rules of the fire prevention and building safety
commission; and
(B) that include complete evacuation of all:
(i) children; and
(ii) adults who provide child care;
in the facility;
(2) maintain documentation of all fire drills conducted during
the immediately preceding twelve (12) month period,
including:
(A) the date and time of the fire drill;
(B) the name of the individual who conducted the fire drill;
(C) the weather conditions at the time of the fire drill; and
(D) the amount of time required to fully evacuate the
facility; and
(3) maintain a two and one-half (2 ½) pound or greater ABC
multiple purpose fire extinguisher:
(A) on each floor of the facility; and
(B) in the kitchen area of the facility;
in each facility where the provider provides child care.
SECTION 5. IC 12-17.2-3.5-11.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 11.1. (a) A provider shall
maintain and annually update documentation provided by the
physician of each child who is cared for in a facility where the
provider provides child care that the child has received complete
age appropriate immunizations as determined by the state
department of health.
(b) A provider meets the requirement of subsection (a) if:
(1) a child's parent:
(A) objects to immunizations for religious reasons; and
(B) provides documentation of the parent's objection; or
(2) the child's physician provides documentation of a medical
reason that the child should not be immunized;
and the provider maintains and annually updates the
documentation provided by the parent or physician under this
subsection.
SECTION 6. IC 12-17.2-3.5-12, AS ADDED BY P.L.247-2001,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 12. (a) A provider shall, at the provider's expense,
provide to the voucher agent a copy of a limited criminal history for:
(1) the provider;
(2) if the provider provides child care 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
testing results for:
(1) the provider;
(2) if the provider provides child care in the provider's home,
any individual who resides with the provider and who is at
least eighteen (18) years of age; and
(3) an individual who is employed at the facility where the
provider provides child care.
(b) If the drug testing results provided under subsection (a)
indicate the presence of an illegal controlled substance, the
provider is ineligible to receive a voucher payment.
SECTION 8. IC 12-17.2-3.5-14 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 14. (a) Notice of a determination
made under this chapter must be provided under IC 4-21.5-3-6.
(b) A person affected by a determination made under this
chapter may seek administrative review under IC 4-21.5-3-7.
SECTION 9. IC 12-17.2-4-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 3. (a) An applicant
must apply for a child care center license on forms provided by the
division.
(b) An applicant must submit the required information as part of the
application.
(c) The applicant must submit with the application a statement
attesting that the applicant:
(1) has not been convicted of:
(A) a felony; or
(B) a misdemeanor relating to the health and or safety of
children; and
(C) a misdemeanor for operating a child care center
without a license under IC 12-17.2-4-35; or
(D) a misdemeanor for operating a child care home
without a license under IC 12-17.2-5-35; and
(2) has not been charged with:
(A) a felony; or
(B) a misdemeanor relating to the health and or safety of
children;
(C) a misdemeanor for operating a child care center
without a license under IC 12-17.2-4-35; or
(D) a misdemeanor for operating a child care home
without a license under IC 12-17.2-5-35;
during the pendency of the application.
(d) An applicant must submit the necessary information, forms, or
consents for the division to conduct a criminal history check.
(e) The applicant must do the following:
(1) Conduct a criminal history check of the applicant's employees
and volunteers.
(2) Maintain records of each criminal history check.
SECTION 10. IC 12-17.2-4-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 5. (a) The following
constitute sufficient grounds for a denial of a license application:
(1) A determination by the division of child abuse or neglect (as
defined in IC 31-9-2-14) by the applicant.
(2) A criminal conviction of the applicant, or of an employee or
a volunteer of the applicant, of any of the following:
(A) A felony.
(B) A misdemeanor related to the health and 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 IC 12-17.2-5-35.
(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 12-17.2-4-35; or
(B) child care home without a license under
IC 12-17.2-5-35.
(b) Notwithstanding subsection (a)(2), if:
(1) a license application is denied due to a criminal conviction
of an employee or a volunteer of the applicant; and
(2) the division determines that the employee or volunteer has
been dismissed by the applicant;
the criminal conviction of the former employee or former
volunteer does not require denial of a license application.
SECTION 11. IC 12-17.2-4-32 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 32. (a) The following
constitute sufficient grounds for revocation of a license:
(1) A determination by the division of child abuse or neglect (as
defined in IC 31-9-2-14) by the licensee.
(2) A criminal conviction of the licensee, or of an employee or
a volunteer of the licensee, 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 IC 12-17.2-5-35.
(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 applicant
previously operated a:
(A) child care center without a license under
IC 12-17.2-4-35; or
(B) child care home without a license under
IC 12-17.2-5-35.
(b) Notwithstanding subsection (a)(2), if:
(1) a license is revoked due to a criminal conviction of an
employee or a volunteer of the licensee; and
(2) the division determines that the employee or volunteer has
been dismissed by the licensee;
the criminal conviction of the former employee or former
volunteer does not require revocation of a license.
SECTION 12. IC 12-17.2-5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: 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.
(c) An applicant must submit with the application a statement
attesting that the applicant has not been:
(1) convicted of:
(A) a felony; or
(B) a misdemeanor relating to the health and or safety of
children; and
(C) a misdemeanor for operating a child care center
without a license under IC 12-17.2-4-35; or
(D) a misdemeanor for operating a child care home
without a license under IC 12-17.2-5-35; and
(2) charged with:
(A) a felony; or
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.
SECTION 15. IC 31-33-17-6, AS AMENDED BY P.L.36-2001,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 6. Upon request, a person or an organization may
have access to information contained in the registry as follows:
(1) A law enforcement agency or local child protective service
may have access to a substantiated report.
(2) A person may have access to information consisting of an
identifiable notation of a conviction arising out of a report of child
abuse or neglect.
(3) Upon submitting written verification of an application for
employment or a consent for release of information signed by a
child care provider, a person or an agency may obtain the
following information contained in the child abuse registry
regarding an individual who has applied for employment or
volunteered for services in a capacity that would place the
individual in a position of trust with children less than eighteen
(18) years of age or regarding a child care provider who is
providing or may provide child care for the person's child:
(A) Whether a child was found by a court to be a child in need
of services based on a report of child abuse or neglect naming
the applicant, volunteer, or child care provider as the alleged
perpetrator.
(B) Whether criminal charges were filed against the applicant,
volunteer, or child care provider based on a report of child
abuse or neglect naming the applicant, volunteer, or child care
provider as the alleged perpetrator.
(C) Whether a court has issued an arrest warrant for the
applicant, volunteer, or child care provider based on a report
of child abuse or neglect in which the applicant, volunteer, or
child care provider is named as the alleged perpetrator.
(4) A person may have access to whatever information is
contained in the registry pertaining to the person, with protection
for the identity of:
(A) the person who reports the alleged child abuse or neglect;
and
(B) any other appropriate person.
(5) A person or an agency to whom child abuse and neglect
reports are available under IC 31-33-18 may also have access to
information contained in the registry.
(6) If a child care provider provides child care in the provider's
home, upon submitting a consent for release of information signed
by an individual who is at least eighteen (18) years of age, who
resides with the child care provider, and who may have direct
contact with children for whom the provider provides child care,
a person may obtain the following information contained in the
child abuse registry regarding the individual:
(A) Whether a child was found by a court to be a child in need
of services based on a report of child abuse or neglect naming
the individual as the alleged perpetrator.
(B) Whether criminal charges were filed against the individual
based on a report of child abuse or neglect naming the
individual as the alleged perpetrator.
(C) Whether a court has issued an arrest warrant for the
individual based on a report of child abuse or neglect in which
the individual is named as the alleged perpetrator.
(7) A voucher agent (as defined in IC 12-17.2-3.5-2) may have
access to the following information contained in the registry
regarding an individual (as defined in IC 12-17.2-3.5-4.1) for
purposes of determining the eligibility of a child care provider
to receive a voucher payment (as defined in IC 12-17.2-3.5-3):
(A) Whether a child has been found by a court to be a child
in need of services based on a report of child abuse or
neglect naming the individual as the alleged perpetrator.
(B) Whether criminal charges have been filed against the
individual based on a report of child abuse or neglect
naming the individual as the alleged perpetrator.
(C) Whether a court has issued an arrest warrant for the
individual based on a report of child abuse or neglect in
which the individual is named as the alleged perpetrator.
The voucher agent shall not disclose information obtained
under this subdivision.
SECTION 16. IC 35-46-1-4.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 4.5. (a) As used in this section,
"child care" means providing for the care, health, safety, and
supervision of a child's social, emotional, and educational growth.
(b) As used in this section, "child care provider" means a person
who provides child care in or on behalf of:
(1) a child care center as defined in IC 12-7-2-28.4; or
(2) a child care home as defined in IC 12-7-2-28.6;
regardless of whether the child care center or child care home is
licensed.
(c) If:
(1) a child care provider recklessly supervises a child; and
(2) as a result of the child care provider's reckless supervision,
the child experiences serious bodily injury;
the child care provider commits reckless supervision of a child, a
Class D felony.
(d) If:
(1) a child care provider recklessly supervises a child; and
(2) as a result of the child care provider's reckless supervision,
the child dies;
the child care provider commits reckless supervision of a child
resulting in death, a Class C felony.
SECTION 17. [EFFECTIVE JULY 1, 2002] IC 12-17.2-3.5-10, as
amended by this act, applies to a provider that begins receiving
voucher payments after June 30, 2002.
SECTION 18. [EFFECTIVE JULY 1, 2002] IC 35-46-1-4.5, as
added by this act, applies only to crimes committed after June 30,
2002.