§ 12-17.2-3.5-12 — National criminal history background check; temporary eligibility; exceptions; fees or costs; meet certain requirements by July 1, 2014

Indiana § 12-17.2-3.5-12

• Jurisdiction: Indiana
• Art. 17.2: DAY CARE REGULATION
• Ch. 3.5: Eligibility of Child Care Provider to Receive

Text

(a) Except as provided in subsection (f)
and subject to subsection (g), a provider shall, at no expense to the
state, do the following:
(1) If the provider is an individual, submit the provider's
fingerprints for a national criminal history background check by
the Federal Bureau of Investigation.
(2) If the provider operates a child care program in the provider's
home, require:
(A) the provider's spouse; and
(B) any individual who resides with the provider and who is:
(i) at least eighteen (18) years of age; or
(ii) less than eighteen (18) years of age but has previously
been waived from juvenile court to adult court;
to submit fingerprints for a national criminal history background
check by the Federal Bureau of Investigation.
(3) Require any individual who:
(A) is employed or volunteers; and
(B) may be present on the premises of the facility where the
provider operates a child care program during operating hours
of the child care program;
to submit fingerprints for a national criminal history background
check by the Federal Bureau of Investigation.
A provider shall require an individual described in subdivision (3) to
submit fingerprints for a national criminal history background check
before the individual is employed or allowed to volunteer and every
three (3) years thereafter that the individual is continuously employed
or allowed to volunteer.
(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;
of which the provider is aware 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
division receives the national criminal history background check
required under subsection (a) from the state police department if:
(1) the provider:
(A) has:
(i) submitted; or
(ii) required an individual described in subsection (a)(2) or
(a)(3) to submit;
fingerprints for a national criminal history background check as
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; and
(2) the local criminal history does not reveal that an individual
has been convicted of a:
(A) felony:
(i) related to the health or safety of a child;
(ii) that is a sex offense (as defined in IC 11-8-8-5.2);
(iii) that is a dangerous felony; or
(iv) that is not a felony otherwise described in items (i)
through (iii), and less than ten (10) years have elapsed from
the date the person was discharged from probation,
imprisonment, or parole, whichever discharge date is latest;
(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 of a substantially similar
offense committed in another jurisdiction if the offense is
directly or indirectly related to jeopardizing the health or safety
of a child; or
(D) misdemeanor for operating a child care home without a
license under IC 12-17.2-5-35, or of a substantially similar
offense committed in another jurisdiction if the offense is
directly or indirectly related to jeopardizing the health or safety
of a child.
(d) A provider is ineligible to receive a voucher payment if an
individual for whom a national criminal history background check is
required under this section has been convicted of a:
(1) felony:
(A) related to the health or safety of a child;
(B) that is a sex offense (as defined in IC 11-8-8-5.2);
(C) that is a dangerous felony; or
(D) that is not a felony otherwise described in clauses (A)
through (C), and less than ten (10) years have elapsed from the
date the person was discharged from probation, imprisonment,
or parole, whichever discharge date is latest;
(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 of a substantially similar
offense committed in another jurisdiction, if the offense is directly
or indirectly related to jeopardizing the health or safety of a child;
or
(4) misdemeanor for operating a child care home without a
license under IC 12-17.2-5-35, or of a substantially similar
offense committed in another jurisdiction, if the offense is directly
or indirectly related to jeopardizing the health or safety of a child;
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 national criminal history background check is
required under this section to report any criminal convictions of the
individual to the provider.
(f) Notwithstanding IC 10-13-3-28, the state police department may
not charge a church or religious society any fees or costs (other than
fees or costs charged by the Federal Bureau of Investigation or a
private entity) for responding to a request for a release of a national
criminal history background check record of a prospective or current
employee or a prospective or current volunteer of a child care ministry
registered under IC 12-17.2-6 if the conditions set forth in IC 10-13-3-36(f) are met.
(g) A provider that holds a license or registration under this article
on July 1, 2013, shall, at no expense to the state, meet the requirements
under subsection (a) not later than July 1, 2014.

Legislative History

As added by P.L.247-2001, SEC.3. Amended by P.L.109-2002, SEC.4; P.L.18-2003, SEC.22; P.L.6-2004, SEC.1; P.L.142-2006, SEC.2; P.L.287-2013, SEC.7; P.L.121-2020, SEC.3.