§ 31-27-4-6 — Grounds for denial of license applications; waiver

(a) The following constitute sufficient grounds
for a denial of a license application:
(1) A determination by the department of child abuse or neglect
by:
(A) the applicant;
(B) an employee or a volunteer of the applicant who has direct
contact, on a regular and continuous basis, with children who
are under the direct supervision of the applicant; or
(C) a person residing in the applicant's residence.
(2) A criminal conviction of the applicant of any of the following:
(A) a felony;
(B) a misdemeanor related to the health and 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; or
(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 applicant made
false statements in the applicant's application for licensure.
(4) A determination by the department that the applicant made
false statements in the records required by the department.
(5) A determination by the department that:
(A) the applicant;
(B) an employee or a volunteer of the applicant who has direct
contact, on a regular and continuous basis, with children who
are under the direct supervision of the applicant; or
(C) a person residing in the applicant'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 applicant for a nonwaivable
offense, as defined in IC 31-9-2-84.8 that, if committed by an
adult, would be a felony.
(b) An application for a license may also be denied if an individual
who resides in the residence of the applicant or an employee or
volunteer of the applicant who has direct contact on a regular and
continuous basis with children who are under the direct supervision of
the applicant 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 applicant 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 applicant'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 applicant is granted a waiver by the department
to:
(A) employ or assign the person as a volunteer in a position
described in this subsection; or
(B) permit the individual to reside in the applicant'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.
(5) The nature and extent of unsupervised contact with children
residing in the home.
(d) Notwithstanding subsection (a) or (b), if:
(1) a license application could be denied due to a criminal
conviction of, or a determination of child abuse or neglect by, an
employee, a volunteer, or a person residing in the residence of the
applicant; and
(2) the department determines that the employee or volunteer has
been dismissed before the employee or volunteer has direct
contact on a regular and continuing basis with a child who is or
will be placed in a facility operated by the applicant or that the
person residing in the residence no longer resides there;
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 denial of a license
application.
(e) The following do not constitute a sufficient basis for the denial
of a license application:
(1) The applicant's immunization status or refusal to receive an
immunization.
(2) The immunization status of or refusal to receive an
immunization by:
(A) an individual who resides in the applicant's residence; or
(B) an employee or volunteer of the applicant who has direct
contact on a regular and continuous basis with children who are
under the direct supervision of the applicant.
(f) Nothing in this section prohibits a licensed child placing agency
from making placement decisions based on the individual needs of a
medically fragile child or on biological parental preferences.
(g) 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.52; P.L.162-2011, SEC.29; P.L.128-2012, SEC.109; P.L.183-2017, SEC.18; P.L.45-2023, SEC.4.