(a)An applicant must apply for a child caring
institution license on forms provided by the department.
(b)An applicant must submit the required information as part of the
application.
(c)The applicant must submit with the application a statement
attesting the following:
(1)Whether the applicant has been convicted of:
(B)a misdemeanor relating to the health and safety of children.
(2)Whether the applicant has been charged with:
(B)a misdemeanor relating to the health and safety of children;
during the pendency of the application.
(d)The department, on behalf of an applicant, or, at the discretion
of the department, an applicant, shall conduct a criminal history check
of the following:
(1)Each individual who is an applicant.
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(a) An applicant must apply for a child caring
institution license on forms provided by the department.
(b) An applicant must submit the required information as part of the
application.
(c) The applicant must submit with the application a statement
attesting the following:
(1) Whether the applicant has been convicted of:
(A) a felony; or
(B) a misdemeanor relating to the health and safety of children.
(2) Whether the applicant has been charged with:
(A) a felony; or
(B) a misdemeanor relating to the health and safety of children;
during the pendency of the application.
(d) The department, on behalf of an applicant, or, at the discretion
of the department, an applicant, shall conduct a criminal history check
of the following:
(1) Each individual who is an applicant.
(2) The director or manager of a facility where children will be
placed.
(3) Each employee or volunteer of the applicant.
(4) Each contractor or individual working in the child caring
institution who is likely to have unsupervised contact with
children in the child caring institution.
(e) If the applicant conducts a criminal history check under
subsection (d), the applicant shall:
(1) maintain records of the information it receives concerning
each individual who is the subject of a criminal history check; and
(2) submit to the department a copy of the information it receives
concerning each person described in subsection (d)(1) through
(d)(4).
(f) If the department conducts a criminal history check on behalf of
an applicant under subsection (d), the department shall:
(1) determine whether the subject of a national fingerprint based
criminal history check has a record of:
(A) a conviction for a felony;
(B) a conviction for a misdemeanor relating to the health and
safety of a child; or
(C) a juvenile adjudication for a nonwaivable offense, as
defined in IC 31-9-2-84.8 that, if committed by an adult, would
be a felony;
(2) notify the applicant of the determination under subdivision (1)
without identifying a specific offense or other identifying
information concerning a conviction or juvenile adjudication
contained in the national criminal history record information;
(3) submit to the applicant a copy of any state limited criminal
history report that the department receives on behalf of any person
described in subsection (d); and
(4) maintain a record of every report and all information the
department receives concerning a person described in subsection
(d).
(g) Except as provided in subsection (h), a criminal history check
described in subsection (d) is required only at the time an application
for a new license or the renewal of an existing license is submitted.
(h) Except as provided in subsection (i), a criminal history check of
each person described in subsection (d)(2), (d)(3), or (d)(4) must be
completed on or before the date the person:
(1) is employed;
(2) is assigned as a volunteer; or
(3) enters into, or the person's employing entity enters into, a
contract with the applicant.
(i) An individual may be employed by a child caring institution as
an employee, volunteer, or contractor before a criminal history check
of the individual is completed as required under subsection (h) if all of
the following conditions are satisfied:
(1) The following checks have been completed regarding the
individual:
(A) A fingerprint based check of national crime information
data bases under IC 31-9-2-22.5(1).
(B) A national sex offender registry check under IC 31-9-2-22.5(3).
(C) An in-state local criminal records check under IC 31-9-2-22.5(4).
(D) An in-state child protection index check under IC 31-33-26.
(2) If the individual has resided outside Indiana at any time during
the five (5) years preceding the individual's date of hiring by the
child caring institution, the following checks have been requested
regarding the individual:
(A) An out-of-state child abuse registry check under IC 31-9-2-22.5(2).
(B) An out-of-state local criminal records check under IC 31-9-2-22.5(4).
(3) The individual's employment before the completion of the
criminal history check required under subsection (h) is limited to
training during which the individual:
(A) does not have contact with children who are under the care
and control of the child caring institution; and
(B) does not have access to records containing information
regarding children who are under the care and control of the
child caring institution.
(4) The individual completes an attestation, under penalty of
perjury, disclosing:
(A) any abuse or neglect complaints made against the
individual with the child welfare agency of a state other than
Indiana in which the individual resided within the five (5) years
preceding the date of the attestation; and
(B) any contact the individual had with a law enforcement
agency in connection with the individual's suspected or alleged
commission of a crime in a state other than Indiana in which the
individual resided within the five (5) years preceding the date
of the attestation.
(j) The applicant or facility is responsible for any fees associated
with a criminal history check.
(k) The department shall, at the applicant's request, inform the
applicant whether the department has or does not have a record of the
person who is the subject of a criminal history check and if the
department has identified the person as an alleged perpetrator of abuse
or neglect. The department may not provide to the applicant any details
or personally identifying information contained in any child protective
services investigation report.
(l) A person who is the subject of a criminal history check
conducted in accordance with this section may request the state police
department to provide the person with a copy of any state or national
criminal history report concerning the person.