§ 12-17.2-3.5-12.1 — Drug testing

Indiana § 12-17.2-3.5-12.1

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

Text

1. (a) A provider shall, at no expense
to the state, maintain and make available to the division upon request
a copy of drug testing results for:
(1) the provider, if the provider is an individual;
(2) if the provider operates a child care program 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:
(A) is employed; or
(B) volunteers;
as a caregiver at the facility where the provider operates a child
care program.
The drug testing results for an individual described in subdivision (3)
must be obtained before the individual is employed or allowed to
volunteer as a caregiver.
(b) A provider that is not a child care ministry or a child care center
shall maintain a written policy specifying the following:
(1) That the:
(A) use of:
(i) tobacco;
(ii) alcohol; or
(iii) a potentially toxic substance in a manner other than the
substance's intended purpose; and
(B) use or possession of an illegal substance;
is prohibited in the facility where the provider operates a child
care program when child care is being provided.
(2) That drug testing of individuals who serve as caregivers will
be:
(A) performed based on a protocol established or approved by
the division; and
(B) required if an individual is suspected of noncompliance
with the requirements specified under subdivision (1).
(c) A provider that is a child care ministry or a child care center
shall maintain a written policy specifying the following:
(1) That the:
(A) use of:
(i) tobacco; or
(ii) a potentially toxic substance in a manner other than the
substance's intended purpose; and
(B) use or possession of alcohol or an illegal substance;
is prohibited in the facility where the provider operates a child
care program when child care is being provided.
(2) That drug testing of individuals who serve as caregivers will
be:
(A) performed based on a protocol established or approved by
the division; and
(B) required if an individual is suspected of noncompliance
with the requirements specified under subdivision (1).
(d) If:
(1) the drug testing results obtained under subsection (a), (b), or
(c) indicate the presence of a prohibited substance described in
subsection (b)(1)(A)(ii), (b)(1)(A)(iii), (b)(1)(B), (c)(1)(A)(ii), or
(c)(1)(B); or
(2) an individual refuses to submit to a drug test;
the provider is ineligible to receive a voucher payment until the
individual is suspended or terminated from employment or volunteer
service at the facility or no longer resides with the provider.
(e) A provider that suspends an individual described in subsection
(d) shall maintain a written policy providing for reinstatement of the
individual following rehabilitation and drug testing results that are
negative for a prohibited substance described in subsection
(b)(1)(A)(ii), (b)(1)(A)(iii), (b)(1)(B), (c)(1)(A)(ii), or (c)(1)(B).
(f) Drug testing results obtained under this section are confidential
and may not be disclosed for any purpose other than the purpose
described in this section.

Legislative History

As added by P.L.109-2002, SEC.5. Amended by P.L.18-2003, SEC.23; P.L.6-2004, SEC.2; P.L.16-2006, SEC.3.