§ 10-13-3-39 — Department designated authorized agency for national criminal history background check; request for background check by qualified entity; exchange of identification records; results provided to public agency

(a) The department is designated as the
authorized agency to receive requests for, process, and disseminate the
results of national criminal history background checks that comply with
this section and 42 U.S.C. 5119a.
(b) A qualified entity may contact the department to request a
national criminal history background check on any of the following
persons:
(1) A person who seeks to be or is employed with the qualified
entity. A request under this subdivision must be made not later
than three (3) months after the person is initially employed by the
qualified entity.
(2) A person who seeks to volunteer or is a volunteer with the
qualified entity. A request under this subdivision must be made
not later than three (3) months after the person initially volunteers
with the qualified entity.
(3) A person for whom a national criminal history background
check is required under any law relating to the licensing of a
home, center, or other facility for purposes of day care or
residential care of children.
(4) A person for whom a national criminal history background
check is permitted for purposes of:
(A) placement of a child in a foster family home, a prospective
adoptive home, or the home of a relative, legal guardian to
whom IC 29-3-8-9 applies, or other caretaker under section
27.5 of this chapter or IC 31-34;
(B) a report concerning an adoption as required by IC 31-19-8;
(C) collaborative care host homes and supervised independent
living arrangements as provided in IC 31-28-5.8-5.5; or
(D) reunification of a child with a parent, guardian, or custodian
as provided in IC 31-34-21-5.5.
(5) A person for whom a national criminal history background
check is required for the licensing of a group home, child caring
institution, child placing agency, or foster home under IC 31-27.
(6) A person for whom a national criminal history background
check is required for determining the individual's suitability as an
employee of a contractor of the state under section 38.5(a)(1) of
this chapter.
(c) A qualified entity must submit a request under subsection (b) in
the form required by the department and provide a set of the person's
fingerprints and any required fees with the request.
(d) If a qualified entity makes a request in conformity with
subsection (b), the department shall submit the set of fingerprints
provided with the request to the Federal Bureau of Investigation for a
national criminal history background check. The department shall
respond to the request in conformity with:
(1) the requirements of 42 U.S.C. 5119a; and
(2) the regulations prescribed by the Attorney General of the
United States under 42 U.S.C. 5119a.
(e) Subsection (f):
(1) applies to a qualified entity that:
(A) is not a school corporation or a special education
cooperative; or
(B) is a school corporation or a special education cooperative
and seeks a national criminal history background check for a
volunteer; and
(2) does not apply to a qualified entity that is a:
(A) home health agency licensed under IC 16-27-1; or
(B) personal services agency licensed under IC 16-27-4.
(f) After receiving the results of a national criminal history
background check from the Federal Bureau of Investigation, the
department shall make a determination whether the person who is the
subject of a request has been convicted of:
(1) an offense described in IC 20-26-5-11.2;
(2) in the case of a foster family home, a nonwaivable offense as
defined in IC 31-9-2-84.8;
(3) in the case of a prospective adoptive home, a nonwaivable
offense under IC 31-9-2-84.8;
(4) any other felony; or
(5) any misdemeanor;
and convey the determination to the requesting qualified entity.
(g) This subsection applies to a qualified entity that:
(1) is a school corporation or a special education cooperative; and
(2) seeks a national criminal history background check to
determine whether to employ or continue the employment of a
certificated employee, a noncertificated employee, or an adjunct
teacher who holds a permit under IC 20-28-5-27 of a school
corporation or an equivalent position with a special education
cooperative.
After receiving the results of a national criminal history background
check from the Federal Bureau of Investigation, the department may
exchange identification records concerning convictions for offenses
described in IC 20-26-5-11.2 with the school corporation or special
education cooperative solely for purposes of making an employment
determination. The exchange may be made only for the official use of
the officials with authority to make the employment determination. The
exchange is subject to the restrictions on dissemination imposed under
P.L.92-544, (86 Stat. 1115) (1972).
(h) This subsection applies to a qualified entity (as defined in IC 10-13-3-16) that is a public agency under IC 5-14-1.5-2(a)(1). After
receiving the results of a national criminal history background check
from the Federal Bureau of Investigation, the department shall provide
a copy to the public agency. Except as permitted by federal law, the
public agency may not share the information contained in the national
criminal history background check with a private agency.
(i) This subsection applies to a qualified entity that is a:
(1) home health agency licensed under IC 16-27-1; or
(2) personal services agency licensed under IC 16-27-4.
After receiving the results of a national criminal history background
check from the Federal Bureau of Investigation, the department shall
make a determination whether the applicant has been convicted of an
offense described in IC 16-27-2-5(a) and convey the determination to
the requesting qualified entity.
(j) The department:
(1) may permanently retain an applicant's fingerprints submitted
under this section; and
(2) shall retain the applicant's fingerprints separately from
fingerprints collected under section 24 of this chapter.
[Pre-2003 Recodification Citation: 5-2-5-15.]

Legislative History

As added by P.L.2-2003, SEC.4. Amended by P.L.1-2005, SEC.120; P.L.234-2005, SEC.11; P.L.138-2007, SEC.2; P.L.197-2007, SEC.2; P.L.3-2008, SEC.85; P.L.155-2011, SEC.3; P.L.104-2015, SEC.1; P.L.183-2017, SEC.1; P.L.243-2019, SEC.1; P.L.168-2022, SEC.2; P.L.110-2023, SEC.1.