§ 12-17.2-3.5-17 — Imminent threats to children

Indiana § 12-17.2-3.5-17

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

Text

(a) A provider is ineligible to receive a
voucher payment under this chapter if any of the following conditions
exist, posing an imminent threat to the life or well-being of a child in
the care of the provider at a facility where the provider operates a child
care program:
(1) Building damage due to:
(A) earthquake;
(B) flooding or water damage;
(C) tornado;
(D) severe wind;
(E) ice storm;
(F) fire;
(G) lead contamination; or
(H) asbestos.
(2) Sewage problems as follows:
(A) Sewage backup.
(B) Toilets cannot be flushed or are overflowing.
(C) Sewage system is not operating properly.
(3) Inadequate or unsafe water supply as follows:
(A) Contaminated water supply.
(B) Water supply not functioning.
(4) No electricity in the building.
(5) Heating system problems.
(6) Gas, carbon monoxide, or other noxious gases leak.
(7) Filthy conditions.
(8) Rodent, roach, or vermin infestation.
(9) Building renovation occurring in a room or area occupied by
children.
(10) Building condition that is structurally unsafe.
(11) Lack of supervision that results in the death or serious injury
of a child.
(12) The presence at the facility where the provider operates a
child care program of an individual who is, based on the results
of a criminal history background check required by this chapter,
prohibited under this chapter from being present at the facility.
(13) The presence of firearms, ammunition, or other weapons in
a place that is accessible to children.
(b) If an employee or agent of the division determines that a
condition described in subsection (a) exists at a facility where a
provider that is currently eligible to receive a voucher payment under
this chapter operates a child care program, the division shall:
(1) issue an emergency or another temporary order under IC 4-21.5-4 decertifying the provider; and
(2) contact the parent or guardian of each child in the care of the
provider to inform the parent or guardian:
(A) that the division has issued an order decertifying the
provider; and
(B) of the reason for the decertification;
pending the outcome of proceedings conducted under section 14 of this
chapter. However, a provider's eligibility may be reinstated in
accordance with subsection (e).
(c) An emergency or other temporary order issued by an employee
or agent of the division must be approved by the director.
(d) An approval under subsection (c) may be communicated orally
to the employee or agent issuing the order. However, the division shall
maintain a written record of the approval.
(e) If, within the fifteen (15) day period beginning on the date on
which an order is issued under subsection (b), the provider:
(1) submits to the division a remediation plan that is approved for
implementation by the division; and
(2) completes the remediation plan to the satisfaction of the
division;
the order issued under this section is void and the provider's eligibility
to receive a voucher payment is reinstated.

Legislative History

As added by P.L.225-2013, SEC.16. Amended by P.L.25-2018, SEC.3.