§ 12-17.2-6-16 — Application denial; causes

Indiana § 12-17.2-6-16

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

Text

(a) The following constitute sufficient
grounds for denial of an application for registration under this chapter:
(1) A determination by the department of child services of child
abuse or neglect (as defined in IC 31-9-2-14) by:
(A) the applicant;
(B) an employee of the applicant who may be present on the
premises of the child care ministry during operating hours of
the child care ministry; or
(C) a volunteer of the applicant who may be present on the
premises of the child care ministry during operating hours of
the child care ministry.
(2) A criminal conviction of the applicant, or an employee or
volunteer of the applicant who may be present on the premises of
the child care ministry during operating hours of the child care
ministry, of any of the following:
(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) A misdemeanor related to the health or safety of a child.
(C) A misdemeanor for operating a child care ministry without
a registration under this chapter, or a substantially similar
offense in another jurisdiction if the offense is directly or
indirectly related to jeopardizing the health or safety of a child.
(D) A misdemeanor for operating a child care center without a
license under IC 12-17.2-4-35, or a substantially similar offense
in another jurisdiction if the offense is directly or indirectly
related to jeopardizing the health or safety of a child.
(E) A misdemeanor for operating a child care home without a
license under IC 12-17.2-5-35, or a substantially similar offense
in another jurisdiction if the offense is directly or indirectly
related to jeopardizing the health or safety of a child.
(3) A determination by the division that the applicant made false
statements in the applicant's application for registration.
(4) A determination by the division that the applicant made false
statements in the records required by the division.
(5) A determination by the division that the applicant previously
operated a:
(A) child care ministry without a registration under this chapter;
(B) child care center without a license under IC 12-17.2-4; or
(C) child care home without a license under IC 12-17.2-5.
(b) Notwithstanding subsection (a)(2), if:
(1) a registration application is denied due to a criminal
conviction of an employee or a volunteer of the applicant; and
(2) the division determines that the employee or volunteer has
been dismissed by the applicant;
the criminal conviction of the former employee or former volunteer
does not require denial of the registration application.

Legislative History

As added by P.L.53-2018, SEC.12. Amended by P.L.121-2020, SEC.11.