§ 12-17.2-5-29 — Investigation of unlicensed facilities; injunctions; civil penalties; removal of children

Indiana § 12-17.2-5-29

• Jurisdiction: Indiana
• Art. 17.2: DAY CARE REGULATION
• Ch. 5: Regulation of Child Care Homes

Text

(a) The division shall investigate a report
of an unlicensed child care home and report the division's findings to
the attorney general and to the division's attorney and the prosecuting
attorney in the county where the child care home is located.
(b) The attorney general or the county department of public welfare
attorney may do the following:
(1) Seek the issuance of a search warrant to assist in the
investigation.
(2) File an action for injunctive relief to stop the operation of a
child care home if there is reasonable cause to believe that:
(A) the child care home is operating without a license required
under this article; or
(B) a licensee's noncompliance with this article and the rules
adopted under this article creates an imminent danger of serious
bodily injury to a child or an imminent danger to the health of
a child.
(3) Seek in a civil action a civil penalty not to exceed one hundred
dollars ($100) a day for each day a child care home is operating
without a license required under this article.
(c) The division may provide for the removal of children from child
care homes described in subsection (b).
(d) An opportunity for an informal meeting with the division shall
be available after the injunctive relief is ordered.
(e) The civil penalties collected under this section shall be deposited
in the division of family resources child care fund established by IC 12-17.2-2-3.
(f) Section 34 of this chapter does not apply to the civil penalties
imposed under this section.

Legislative History

As added by P.L.1-1993, SEC.141. Amended by P.L.145-2006, SEC.102; P.L.1-2007, SEC.124.