§ 31-27-5-6 — Grounds for denial of license application; 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; or
(B) an employee, volunteer, or contractor of the applicant.
(2) A criminal conviction of the applicant, or the director or
manager of a facility where children will be placed by the
applicant, for 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 caring institution,
foster family home, group home, or child placing agency
without a license under this article (or IC 12-17.4 before its
repeal).
(D) A misdemeanor for operating a child care center or child
care home without a license under IC 12-17.2.
(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; or
(B) an employee, volunteer, or contractor of the applicant;
previously operated a home or facility without a license required
under any applicable provision of this article (or IC 12-17.4
before its repeal) or IC 12-17.2.
(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 employee,
volunteer, or contractor 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.
(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 employ or assign the person as a volunteer in a position
described in this subsection.
(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, volunteer assignment, or contract.
(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, volunteer, or contractor of the applicant; and
(2) the department determines that the employee, volunteer, or
contractor has been dismissed by the applicant within a
reasonable time after the applicant became aware of the
conviction or determination;
the criminal conviction of, or determination of child abuse or neglect
by, the former employee, former volunteer, or former contractor does
not constitute a sufficient basis for the denial of a license application.
(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.57; P.L.162-2011, SEC.35; P.L.128-2012, SEC.118; P.L.183-2017, SEC.23; P.L.243-2019, SEC.11.