§ 12-17.2-3.5-12.5 — Safe sleeping practices; violations; penalties

Indiana § 12-17.2-3.5-12.5

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

Text

5. (a) A provider that cares for children
who are less than twelve (12) months of age shall:
(1) complete the training course provided or approved by the
division under IC 12-17.2-2-1(10) concerning safe sleeping
practices; and
(2) ensure that all caregivers of children who are less than twelve
(12) months of age follow safe sleeping practices.
(b) If a provider violates subsection (a), the division may do the
following with respect to each violation determined during an
inspection of the facility where the provider operates a child care
program:
(1) On the first inspection during which a violation is determined
during a licensure period, issue a formal warning letter stating the
division's intent to take administrative action and impose a civil
penalty for any future violation.
(2) On the second inspection during which a violation is
determined during a licensure period, impose a civil penalty of
fifty dollars ($50) for each violation determined during the
inspection.
(3) On the third inspection during which a violation is determined
during a licensure period, impose a civil penalty of seventy-five
dollars ($75) for each violation determined during the inspection.
(4) On the fourth inspection during which a violation is
determined during a licensure period:
(A) decertify the provider for not more than six (6) months; and
(B) impose a civil penalty of one hundred dollars ($100) for
each violation determined during the inspection.
(5) On the fifth inspection during which a violation is determined
during a licensure period:
(A) decertify the provider for one (1) year; and
(B) impose a civil penalty of two hundred fifty dollars ($250)
for each violation determined during the inspection.
(c) The division shall send to the provider written notice:
(1) of an action taken under subsection (b), specifying the reason
for the action and amount of any monetary civil penalty; and
(2) that failure to pay any monetary civil penalty may result in
decertification of the provider for not more than two (2) years.
(d) The division shall deposit all civil penalties collected under this
section in the division of family resources child care fund established
by IC 12-17.2-2-3.
(e) In addition to the actions described in subsection (b), the
division may seek further disciplinary action provided for under this
article, as determined by the director.

Legislative History

As added by P.L.53-2018, SEC.6.