§ 31-27-4-5 — Apply for licenses; criminal history checks

(a) An applicant must apply for a foster family
home license on forms provided by the department.
(b) An applicant must submit the required information as part of the
application.
(c) An 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) An applicant shall submit the necessary information, forms, or
consents for the department to conduct a criminal history check for
each individual who is an applicant.
(e) The department or, at the discretion of the department, an
applicant, shall conduct a criminal history check of:
(1) the applicant's employees and volunteers who have or will
have direct contact, on a regular and continuing basis, with
children who are or will be under the direct supervision of the
applicant; and
(2) all household members.
(f) If the applicant conducts criminal history checks under
subsection (e), the applicant shall maintain records of the information
received concerning each individual subject of a criminal history
check.
(g) If the department conducts a criminal history check on behalf of
an applicant under subsection (e), the department shall:
(1) make a determination 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 (e); and
(4) maintain a record of every report and all information the
department receives concerning a person described in subsection
(e).
(h) Except as provided in subsection (i), a criminal history check
described in subsection (e) is required only at the time an application
for a new license or the renewal of an existing license is submitted.
(i) A criminal history check concerning a person described in
subsection (e) must be completed on or before the date the employee
or volunteer has direct contact on a regular and continuing basis with
a child placed in the home or the person first becomes a resident of the
applicant's household as described in subsection (e)(2).
(j) The applicant 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
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.

Legislative History

As added by P.L.145-2006, SEC.273. Amended by P.L.138-2007, SEC.51; P.L.162-2011, SEC.28; P.L.128-2012, SEC.108; P.L.183-2017, SEC.17.