§ 31-27-6-28 — 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
(as defined in IC 31-9-2-14) by:
(A) the licensee; or
(B) an employee, volunteer, or contractor of the licensee.
(2) A criminal conviction of the licensee, or the director or
manager of a facility where children will be placed by 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 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 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; or
(B) an employee, volunteer, or contractor of the licensee;
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 a 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 employee, volunteer, or
contractor 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 with regard to the employee, volunteer,
or contractor.
(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
with regard to the employee, volunteer, or contractor.
(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 could be revoked due to a criminal conviction of, or
a determination of child abuse or neglect by, an employee,
volunteer, or contractor of the licensee; and
(2) the department determines that the employee, volunteer, or
contractor has been dismissed by the licensee within a reasonable
time after the licensee 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 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.63; P.L.162-2011, SEC.39; P.L.183-2017, SEC.27; P.L.243-2019, SEC.15.