§ 12-17.2-6-14.1 — Safe sleeping practices; violations; penalties

Indiana § 12-17.2-6-14.1

• Jurisdiction: Indiana
• Art. 17.2: DAY CARE REGULATION
• Ch. 6: Regulation of Child Care Ministries

Text

1. (a) The operator of a child care
ministry 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 an operator of a child care ministry violates subsection (a), the
division may do the following with respect to each violation
determined during an inspection of the child care ministry:
(1) On the first inspection during which a violation is determined
during a registration 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 registration 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 registration 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 registration period:
(A) suspend the child care ministry's registration 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 registration period:
(A) suspend or revoke the child care ministry's registration 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 operator of a child care ministry
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
revocation of the child care ministry's registration 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.11.