Indiana § 12-17.2-3.5-4 Ineligible providers; enforcement actions; decertification; division
consideration of religious instruction or activity

Indiana Statutes

§ 12-17.2-3.5-4 — Ineligible providers; enforcement actions; decertification; division consideration of religious instruction or activity

Indiana § 12-17.2-3.5-4

Art. 17.2DAY CARE REGULATION

Ch. 3.5Eligibility of Child Care Provider to Receive

This text of Indiana § 12-17.2-3.5-4 (Ineligible providers; enforcement actions; decertification; division consideration of religious instruction or activity) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 12-17.2-3.5-4 (2026).

Text

(a)A provider is ineligible to receive a voucher payment if the provider:

(1)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:

(i)the health or safety of a child; or

(ii)welfare fraud;

(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 jeopa

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(a) A provider is ineligible to receive a
voucher payment if the provider:
(1) 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:
(i) the health or safety of a child; or
(ii) welfare fraud;
(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;
(2) allows an individual who has been convicted of a crime
specified under subdivision (1) to reside with the provider, if the
provider operates a child care program in the provider's home;
(3) employs an individual or allows an individual to volunteer
who:
(A) may be on the premises of the facility where the provider
operates a child care program during operating hours of the
child care program; and
(B) has been convicted of a crime specified in subdivision (1);
(4) has had a revocation of eligibility under this chapter during
the immediately preceding two (2) years; or
(5) fails to meet the requirements of this chapter.
(b) A provider whose:
(1) license under IC 12-17.2-4 or IC 12-17.2-5; or
(2) compliance with this chapter;
is subject to an enforcement action is ineligible to receive a voucher
payment, regardless of whether the provider meets the requirements of
this chapter, until the outcome of any proceeding under IC 4-21.5
reflects a final determination that the provider's license or eligibility is
in good standing.
(c) If the division decertifies a provider under this chapter, the
provider:
(1) may reapply for eligibility to receive a voucher payment at any
time that the provider is able to demonstrate compliance with this
chapter; and
(2) is not eligible to receive a voucher payment under this chapter
until the provider receives notice from the division that the
provider's application under subdivision (1) has been approved.
(d) In determining whether a provider meets the requirements of this
chapter, the division may not consider religious instruction or
activities.

Legislative History

As added by P.L.247-2001, SEC.3. Amended by P.L.109-2002, SEC.2; P.L.18-2003, SEC.12; P.L.287-2013, SEC.6; P.L.225-2013, SEC.8; P.L.171-2014, SEC.2; P.L.121-2020, SEC.2.