§ 31-27-4-32 — Grounds for revocation of license; waiver

(a) The following constitute sufficient
grounds for revocation of a license:
(1) A determination by the department of child abuse or neglect
by:
(A) the licensee;
(B) an employee or a volunteer of the licensee who has direct
contact, on a regular and continuous basis, with children who
are under the direct supervision of the licensee; or
(C) a person who is residing in the home of the licensee.
(2) A criminal conviction of the licensee for any of the following:
(A) A felony.
(B) A misdemeanor related to the health or safety of a child.
(C) A misdemeanor for operating a child care center or child
care home without a license under IC 12-17.2-5.
(D) A misdemeanor for operating a foster family home without
a license under this chapter (or IC 12-17.4-4 before its repeal).
(3) A determination by the department that the licensee made
false statements in the licensee's application for licensure.
(4) A determination by the department that the licensee made
false statements in the records required by the department.
(5) A determination by the department that:
(A) the licensee;
(B) an employee or a volunteer of the licensee who has direct
contact, on a regular and continuous basis, with children who
are under the direct supervision of the licensee; or
(C) a person residing in the licensee's residence;
previously operated a child care center or child care home without
a license under IC 12-17.2-5 or a foster family home without a
license under this chapter (or IC 12-17.4-4 before its repeal).
(6) A juvenile adjudication of the licensee for a nonwaivable
offense, as defined in IC 31-9-2-84.8 that, if committed by an
adult, would be a felony.
(b) A license may also be revoked if an individual who resides in the
residence of the licensee or an employee or volunteer of the licensee
who has direct contact on a regular and continuous basis with children
who are under the direct supervision of the licensee has had any of the
following:
(1) A conviction of a nonwaivable offense, as defined in IC 31-9-2-84.8.
(2) A conviction of any other felony or a misdemeanor relating to
the health and safety of a child, unless the licensee is granted a
waiver by the department to employ or assign the person as a
volunteer in a position described in this subsection or to permit
the individual to reside in the licensee's residence.
(3) 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, unless the licensee is granted a waiver by the department
to:
(A) employ or assign the individual as a volunteer in a position
described in this subsection; or
(B) permit the individual to reside in the licensee's residence.
(c) In determining whether to grant a waiver under subsection (b),
the department shall consider the following factors:
(1) The length of time that has passed since the disqualifying
conviction.
(2) The severity, nature, and circumstances of the offense.
(3) Evidence of rehabilitation.
(4) The duties and qualifications required for the proposed
employment positions or volunteer assignment.
(d) Notwithstanding subsection (b), if:
(1) a license could be revoked due to a criminal conviction of, or
a determination of child abuse or neglect by, an employee or a
volunteer of the licensee or an individual residing in the residence
of the licensee; and
(2) the department determines that the employee or volunteer has
been dismissed by the licensee within a reasonable time after the
licensee became aware of the conviction or that the individual no
longer resides in the licensee's residence;
the criminal conviction of, or determination of child abuse or neglect
by, the former employee, former volunteer, or former household
resident does not constitute a sufficient basis for the revocation of a
license.
(e) The department may adopt rules to implement this section.

Legislative History

As added by P.L.145-2006, SEC.273. Amended by P.L.138-2007, SEC.55; P.L.162-2011, SEC.32; P.L.183-2017, SEC.20.