§ 10-13-3-36 — Fees; nonprofit organizations; family and children division; family and children offices; professional licensing agency; educational institutions

Indiana § 10-13-3-36

• Jurisdiction: Indiana
• Title 10: PUBLIC SAFETY
• Art. 13: STATE POLICE DATA AND INFORMATION
• Ch. 3: Criminal History Information

Text

(a) The department may not charge a fee for
responding to a request for the release of a limited criminal history
record if the request is made by a nonprofit organization:
(1) that has been in existence for at least ten (10) years; and
(2) that:
(A) has a primary purpose of providing an individual
relationship for a child with an adult volunteer if the request is
made as part of a background investigation of a prospective
adult volunteer for the organization;
(B) is a community intellectual disability and other
developmental disabilities center (as defined in IC 12-7-2-39);
(C) is a supervised group living facility licensed under IC 12-28-5;
(D) is an area agency on aging designated under IC 12-10-1;
(E) is a community action agency (as defined in IC 12-14-23-2);
(F) is the owner or operator of a hospice program licensed
under IC 16-25-3; or
(G) is a community mental health center (as defined in IC 12-7-2-38).
(b) Except as provided in subsection (d), the department may not
charge a fee for responding to a request for the release of a limited
criminal history record made by the department of child services or the
division of family resources if the request is made as part of a
background investigation of an applicant for a license under IC 12-17.2
or IC 31-27.
(c) The department may not charge a fee for responding to a request
for the release of a limited criminal history if the request is made by a
school corporation, special education cooperative, or nonpublic school
(as defined in IC 20-18-2-12) as part of a background investigation of
a prospective or current employee or a prospective or current adult
volunteer for the school corporation, special education cooperative, or
nonpublic school.
(d) As used in this subsection, "state agency" means an authority, a
board, a branch, a commission, a committee, a department, a division,
or another instrumentality of state government, including the executive
and judicial branches of state government, the principal secretary of the
senate, the principal clerk of the house of representatives, the executive
director of the legislative services agency, a state elected official's
office, or a body corporate and politic, but does not include a state
educational institution. The department may not charge a fee for
responding to a request for the release of a limited criminal history if
the request is made:
(1) by a state agency; and
(2) through the computer gateway that is administered by the
office of technology established by IC 4-13.1-2-1.
(e) The department may not charge a fee for responding to a request
for the release of a limited criminal history record made by the Indiana
professional licensing agency established by IC 25-1-5-3 if the request
is:
(1) made through the computer gateway that is administered by
the office of technology; and
(2) part of a background investigation of a practitioner or an
individual who has applied for a license issued by a board (as
defined in IC 25-1-9-1).
(f) The department may not charge a church or religious society a
fee for responding to a request for the release of a limited criminal
history record if:
(1) the church or religious society is a religious organization
exempt from federal income taxation under Section 501 of the
Internal Revenue Code;
(2) the request is made as part of a background investigation of a
prospective or current employee or a prospective or current adult
volunteer; and
(3) the employee or volunteer works in a nonprofit program or
ministry of the church or religious society, including a child care
ministry registered under IC 12-17.2-6.
(g) The department may not charge the school of education of a
public or private postsecondary educational institution a fee for
responding to a request for the release of a limited criminal history
record if the request is made as part of a background investigation of
a student before or after the student begins the student's field or
classroom experience. However, the department may charge the
student a fee for responding to a request for the release of a limited
criminal history record.
[Pre-2003 Recodification Citation: 5-2-5-13.]

Legislative History

As added by P.L.2-2003, SEC.4. Amended by P.L.138-2003, SEC.2; P.L.158-2003, SEC.1; P.L.261-2003, SEC.12; P.L.97-2004, SEC.42; P.L.1-2005, SEC.118; P.L.177-2005, SEC.30; P.L.1-2006, SEC.172; P.L.145-2006, SEC.30; P.L.142-2006, SEC.1; P.L.2-2007, SEC.147; P.L.121-2009, SEC.2; P.L.117-2015, SEC.4; P.L.51-2016, SEC.1.