reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 5. Regulation of Group Homes › 31-27-5-7. Incomplete Applications

Sec. 7. The department may not act on an incomplete application. The department shall return an incomplete application with a notation concerning omissions. The return of an incomplete application is without prejudice.
As added by P.L.145-2006, SEC.273.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 5. Regulation of Group Homes › 31-27-5-8. Investigation of Applicants

Sec. 8. The department shall investigate a person seeking licensure to determine whether the person is in compliance with this article and the rules adopted under this article. The investigation shall be conducted at a reasonable time and in a reasonable manner in announced or unannounced visits. Activities may include onsite inspections, record reading, observation, and interviewing. The department may require that evidence of compliance with the rules be presented in a form and manner specified in the rules.
As added by P.L.145-2006, SEC.273.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 5. Regulation of Group Homes › 31-27-5-9. Issuance of License

Sec. 9. The department shall issue a license to a person who meets all of the license requirements when an investigation shows the applicant to be in compliance under this article.
As added by P.L.145-2006, SEC.273.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 5. Regulation of Group Homes › 31-27-5-10. Eligibility of Waivers and Variances

Sec. 10. A group home may be eligible to receive a waiver or variance from the requirements of this chapter by complying with IC 31-27-2-8.
As added by P.L.145-2006, SEC.273.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 5. Regulation of Group Homes › 31-27-5-11. Waiver of Maximum Group Home Stay

Sec. 11. (a) The department may grant a waiver of the twenty (20) day maximum stay for a child if the group home licensed as a shelter care facility applies for the waiver before the expiration of the twenty (20) day period.
(b) The group home shall document in the request for a waiver that the waiver is in the best interest of the child.
As added by P.L.145-2006, SEC.273. Amended by P.L.48-2012, SEC.32.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 5. Regulation of Group Homes › 31-27-5-12. Denial of License

Sec. 12. (a) The department shall deny a license when an applicant fails to meet the requirements for a license.
(b) The department shall send the applicant written notice by certified mail that the application has been denied and give the reasons for the denial.
(c) An administrative hearing concerning the denial of a license shall be provided upon written request by the applicant. The request must be made not more than thirty (30) days after the applicant receives the written notice under subsection (b).
(d) An administrative hearing shall be held in accordance with IC 4-21.5-3.
As added by P.L.145-2006, SEC.273. Amended by P.L.128-2012, SEC.119.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 5. Regulation of Group Homes › 31-27-5-13. Investigation of Unlicensed Premises

Sec. 13. The department shall investigate any premises that the department has reason to believe are being used for child care without a license in circumstances where a license is required.
As added by P.L.145-2006, SEC.273.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 5. Regulation of Group Homes › 31-27-5-14. Duration of License; Limitations; Renewal; Public Display

Sec. 14. (a) A license for a group home expires four (4) years after the date of issuance, unless the license is revoked or voluntarily returned.
(b) A license issued under this chapter:
(1) is not transferable;
(2) applies only to the licensee and the location stated in the application; and
(3) remains the property of the department.
(c) A current license shall be publicly displayed.
(d) If a licensee submits a timely application for renewal, the current license remains in effect until the department issues a license or denies the application.
As added by P.L.145-2006, SEC.273. Amended by P.L.146-2006, SEC.35; P.L.128-2012, SEC.120.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 5. Regulation of Group Homes › 31-27-5-15. Probationary Status; Duration; Expiration; Extension

Sec. 15. (a) The department may place a licensee on probationary status if the licensee is temporarily unable to comply with a rule and if:
(1) the noncompliance does not present an immediate threat to the health and well-being of the children in the care of the licensee;
(2) the licensee files a plan with the department, the Indiana department of health, or the state fire marshal to correct the areas of noncompliance within the probationary period; and
(3) the department, the Indiana department of health, or the state fire marshal approves the plan.
(b) A probationary status period is for not more than six (6) months. However, the department may extend a probationary status period for one (1) additional period of six (6) months.
(c) At the expiration of a probationary status period, the department shall:
(1) reactivate the license to the end of the original term of the license;
(2) extend the probationary status period as permitted in subsection (b); or
(3) revoke the license.
As added by P.L.145-2006, SEC.273. Amended by P.L.146-2006, SEC.36; P.L.56-2023, SEC.303.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 5. Regulation of Group Homes › 31-27-5-16. Inspections

Sec. 16. The department and the state fire marshal shall do the following:
(1) Make annual onsite inspections.
(2) Keep written records of the monitoring activities and inspections.
As added by P.L.145-2006, SEC.273.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 5. Regulation of Group Homes › 31-27-5-17. Cooperation by Licensees

Sec. 17. A licensee shall cooperate with the department, the state fire marshal, and any other state agency working on behalf of the department in carrying out the activities required by section 16 of this chapter, including permitting the department, the state fire marshal, or any other state agency working on behalf of the department to conduct announced or unannounced inspections.
As added by P.L.145-2006, SEC.273. Amended by P.L.128-2012, SEC.121.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 5. Regulation of Group Homes › 31-27-5-17.5. Use of Reasonable and Prudent Parent Standard

Sec. 17.5. A licensee shall use the reasonable and prudent parent standard when determining whether to allow a child in foster care to participate in extracurricular, enrichment, cultural, and social activities.
As added by P.L.104-2015, SEC.23.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 5. Regulation of Group Homes › 31-27-5-18. Records

Sec. 18. (a) A licensee shall keep records required by the department regarding each child in the control and care of the licensee and shall report to the department, upon request, the facts the department requires with reference to children.
(b) The department shall keep records regarding children and facts learned about children and the children's relatives confidential.
(c) The following have access to records regarding children and facts learned about children:
(1) A state agency involved in the licensing of the group home.
(2) A legally mandated child protection agency.
(3) A law enforcement agency.
(4) An agency having the legal responsibility to care for a child placed at the group home.
(5) The parent, guardian, or custodian of the child at the group home.
(6) A citizen review panel established under IC 31-25-2-20.4.
(7) The department of child services ombudsman established by IC 4-13-19-3.
As added by P.L.145-2006, SEC.273. Amended by P.L.138-2007, SEC.58; P.L.182-2009(ss), SEC.376; P.L.123-2014, SEC.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 5. Regulation of Group Homes › 31-27-5-19. Notice of Enforcement Actions; Informal Meetings

Sec. 19. Except as provided in section 29 of this chapter, the department shall give a licensee thirty (30) days written notice by certified mail of an enforcement action. The licensee shall also be provided with the opportunity for an informal meeting with the department. The licensee must request the meeting not more than ten (10) working days after receipt of the certified notice.
As added by P.L.145-2006, SEC.273.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 5. Regulation of Group Homes › 31-27-5-20. Administrative Hearings

Sec. 20. An administrative hearing concerning the decision of the department to impose a sanction under this chapter shall be provided upon a written request by the licensee. The request must be made not more than thirty (30) days after the licensee receives notice under section 19 of this chapter. The written request must be made separately from an informal meeting request made under section 19 of this chapter.
As added by P.L.145-2006, SEC.273. Amended by P.L.128-2012, SEC.122.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 5. Regulation of Group Homes › 31-27-5-21. Procedure for Administrative Hearings

Sec. 21. A hearing requested under section 20 of this chapter shall be held under IC 4-21.5-3.
As added by P.L.145-2006, SEC.273.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 5. Regulation of Group Homes › 31-27-5-26. Cessation of Operation Upon Revocation of License

Sec. 26. A group home shall cease operation when the license of the group home is revoked.
As added by P.L.145-2006, SEC.273.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 5. Regulation of Group Homes › 31-27-5-27. Notice

Sec. 27. (a) After the license of a group home is revoked, the department shall notify in writing each person responsible for each child in care to ensure that the children are removed from the group home.
(b) The written notice shall be sent to the last known address of the person responsible for the child in care and shall state that the license of the group home has been revoked.
As added by P.L.145-2006, SEC.273. Amended by P.L.146-2006, SEC.37.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 5. Regulation of Group Homes › 31-27-5-29. Investigation of Noncompliance; Injunctions; Corrective Action Plans; Removal of Children; Informal Meetings

Sec. 29. (a) The department shall investigate a report of a licensed group home's noncompliance with this article and the rules adopted under this article. If there is reasonable cause to believe that noncompliance with this article and rules adopted under this article creates an imminent danger of serious bodily injury to a child or an imminent danger to the health of a child, the department shall report its findings to the attorney general and to the local office and the prosecuting attorney in the county where the group home is located.
(b) The attorney general or the department may do the following:
(1) Seek the issuance of a search warrant to assist in the investigation.
(2) File an action for injunctive relief to stop the operation of a group home if there is reasonable cause to believe that the group home's noncompliance with this article and the rules adopted under this article creates an imminent danger of serious bodily injury to a child or an imminent danger to the health of a child.
(c) The department may require a plan of corrective action for emergency protection of children described in subsection (b).
(d) The department may provide for the removal of children from a group home described in subsection (b).
(e) An opportunity for an informal meeting with the department shall be available after injunctive relief is ordered under subsection (b)(2).
As added by P.L.145-2006, SEC.273. Amended by P.L.128-2012, SEC.125.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 5. Regulation of Group Homes › 31-27-5-30. Expiration of Injunctions for Noncompliance

Sec. 30. A court order granted under section 29(b)(2) of this chapter expires upon the later of the following:
(1) Sixty (60) days after the order is issued.
(2) When a final departmental decision is issued under sections 20 through 21 of this chapter if notice of an enforcement action is issued under section 19 of this chapter.
As added by P.L.145-2006, SEC.273. Amended by P.L.128-2012, SEC.126.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 5. Regulation of Group Homes › 31-27-5-32. Compliance With Rules; Disciplinary Sanctions; Revocation of License

Sec. 32. (a) A licensee shall operate a group home in compliance with the rules established under this article and is subject to the disciplinary sanctions under subsection (b) if the department finds that the licensee has violated this article or a rule adopted under this article.
(b) After complying with the procedural provisions in sections 19 through 21 of this chapter, the department may revoke the license when the department finds that a licensee has committed a violation under subsection (a).
As added by P.L.145-2006, SEC.273. Amended by P.L.146-2006, SEC.38; P.L.128-2012, SEC.127.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 5. Regulation of Group Homes › 31-27-5-33. Investigation of Unlicensed Group Homes; Injunctions; Civil Penalties

Sec. 33. (a) The department shall investigate a report of an unlicensed group home and report the department's findings to the attorney general and to the local office and the prosecuting attorney in the county where the group home is located.
(b) The attorney general or the department may do the following:
(1) Seek the issuance of a search warrant to assist in the investigation.
(2) File an action for injunctive relief to stop the operation of a group home if there is reasonable cause to believe that the group home is operating without a license required under this article.
(3) Seek in a civil action a civil penalty not to exceed one hundred dollars ($100) a day for each day a group home is operating without a license required under this article.
(c) An opportunity for an informal meeting with the department shall be available after injunctive relief is ordered under subsection (b)(2).
(d) The civil penalties collected under this section shall be deposited in the department of child services child care fund established by IC 31-25-2-16.
As added by P.L.145-2006, SEC.273. Amended by P.L.1-2007, SEC.204; P.L.128-2012, SEC.128.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 5. Regulation of Group Homes › 31-27-5-34. Expiration of Injunctions for Unlicensed Operation

Sec. 34. A court order granted under section 33(b)(2) of this chapter expires when the group home is issued a license.
As added by P.L.145-2006, SEC.273.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 6. Regulation of Child Placing Agencies › 31-27-6-1. Operation of a Child Placing Agency

Sec. 1. (a) A person may not operate a child placing agency without a license issued under this article.
(b) The state or a political subdivision of the state may not operate a child placing agency without a license issued under this chapter.
(c) A child placing agency may not operate a foster family home if:
(1) the number of children maintained on the premises at any one (1) time is greater than the number authorized by the license; or
(2) the children are maintained in a building or place not designated by the license.
As added by P.L.145-2006, SEC.273.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 6. Regulation of Child Placing Agencies › 31-27-6-4. Incomplete Applications

Sec. 4. The department may not act on an incomplete application. The department shall return an incomplete application with a notation concerning omissions. The return of an incomplete application is without prejudice.
As added by P.L.145-2006, SEC.273.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 6. Regulation of Child Placing Agencies › 31-27-6-5. Investigation of Applicants

Sec. 5. The department shall investigate a person seeking licensure to determine whether the person is in compliance with this article and the rules adopted under this article. The investigation shall be conducted at a reasonable time and in a reasonable manner in announced or unannounced visits. Activities may include onsite inspections, record reading, observation, and interviewing. The department may require that evidence of compliance with the rules adopted under this article be presented in a form and manner specified in the rules.
As added by P.L.145-2006, SEC.273.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 6. Regulation of Child Placing Agencies › 31-27-6-6. Issuance of License

Sec. 6. The department shall issue a license to a person who meets all of the license requirements when an investigation shows the applicant to be in compliance under this article.
As added by P.L.145-2006, SEC.273.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 6. Regulation of Child Placing Agencies › 31-27-6-7. Eligibility for Waivers and Variances

Sec. 7. A child placing agency may be eligible to receive a waiver or variance from the requirements of this chapter by complying with IC 31-27-2-8.
As added by P.L.145-2006, SEC.273.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 6. Regulation of Child Placing Agencies › 31-27-6-8. Denial of License

Sec. 8. (a) The department shall deny a license when an applicant fails to meet the requirements for a license.
(b) If the department denies an applicant a license under subsection (a), the department shall send the applicant written notice by certified mail that the application has been denied and give the reasons for the denial.
(c) An administrative hearing concerning the denial of a license shall be provided upon written request by the applicant. The request must be made not more than thirty (30) days after the applicant receives the written notice under subsection (b).
(d) An administrative hearing shall be held in accordance with IC 4-21.5-3.
As added by P.L.145-2006, SEC.273. Amended by P.L.128-2012, SEC.131.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 6. Regulation of Child Placing Agencies › 31-27-6-9. Investigation of Unlicensed Premises

Sec. 9. The department is responsible for investigating any premises that the department has reason to believe are being used for child care without a license in circumstances where a license is required.
As added by P.L.145-2006, SEC.273.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 6. Regulation of Child Placing Agencies › 31-27-6-10. Duration of License; Limitations; Renewal

Sec. 10. (a) A license for a child placing agency expires four (4) years after the date of issuance, unless the license is revoked or voluntarily returned.
(b) A license issued under this chapter:
(1) is not transferable;
(2) applies only to the licensee and the location stated in the application; and
(3) remains the property of the department.
(c) A child placing agency shall have the child placing agency's license available for inspection.
(d) If a licensee submits a timely application for renewal, the current license shall remain in effect until the department issues a license or denies the application.
As added by P.L.145-2006, SEC.273. Amended by P.L.146-2006, SEC.39; P.L.128-2012, SEC.132.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 6. Regulation of Child Placing Agencies › 31-27-6-11. Probationary Status; Duration; Expiration; Extension

Sec. 11. (a) The department may place a licensee on probationary status if the licensee is temporarily unable to comply with a rule and if:
(1) the noncompliance does not present an immediate threat to the health and well-being of the children in the care of the licensee;
(2) the licensee files a plan with the department to correct the areas of noncompliance within the probationary period; and
(3) the department approves the plan.
(b) A probationary status period is for not more than six (6) months. However, the department may extend a probationary status period for one (1) additional period of six (6) months.
(c) At the expiration of a probationary status period, the department shall:
(1) reactivate the license to the end of the original term of the license;
(2) extend the probationary status period as permitted in subsection (b); or
(3) revoke the original license.
As added by P.L.145-2006, SEC.273. Amended by P.L.146-2006, SEC.40.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 6. Regulation of Child Placing Agencies › 31-27-6-12. Inspections of Agencies

Sec. 12. The department may conduct an inspection of a child placing agency for the sole purpose of inquiry into matters as stated in the rules, including those directly affecting the health, safety, treatment, and general well-being of the children protected under this article.
As added by P.L.145-2006, SEC.273.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 6. Regulation of Child Placing Agencies › 31-27-6-13. Records of Monitoring Activities and Inspections

Sec. 13. The department shall keep written records of the department's monitoring activities and onsite inspections.
As added by P.L.145-2006, SEC.273.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 6. Regulation of Child Placing Agencies › 31-27-6-14. Cooperation by Licensees

Sec. 14. The licensee shall cooperate with the department and any other state agency working on behalf of the department in carrying out the activities required by sections 12 through 13 of this chapter, including permitting the department to conduct announced or unannounced inspections.
As added by P.L.145-2006, SEC.273. Amended by P.L.128-2012, SEC.133.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 6. Regulation of Child Placing Agencies › 31-27-6-14.5. Use of Reasonable and Prudent Parent Standard

Sec. 14.5. A licensee shall use the reasonable and prudent parent standard when determining whether to allow a child in foster care to participate in extracurricular, enrichment, cultural, and social activities.
As added by P.L.104-2015, SEC.24.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 6. Regulation of Child Placing Agencies › 31-27-6-15. Records Regarding Children

Sec. 15. (a) A licensee shall keep records required by the department regarding each child in the control and care of the licensee and shall report to the department upon request the facts the department requires with reference to children.
(b) The department shall keep records regarding children and facts learned about children and the children's relatives confidential.
(c) The following have access to records regarding children and facts learned about children:
(1) A state agency involved in the licensing of the child placing agency.
(2) A legally mandated child protection agency.
(3) A law enforcement agency.
(4) A citizen review panel established under IC 31-25-2-20.4.
(5) The department of child services ombudsman established by IC 4-13-19-3.
As added by P.L.145-2006, SEC.273. Amended by P.L.138-2007, SEC.62; P.L.182-2009(ss), SEC.377; P.L.123-2014, SEC.18.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 6. Regulation of Child Placing Agencies › 31-27-6-16. Notice of Enforcement Actions

Sec. 16. The department shall give a licensee thirty (30) days written notice by certified mail of an enforcement action. The licensee shall also be provided with the opportunity for an informal meeting with the department. The licensee must request the meeting not more than ten (10) working days after receipt of the certified notice.
As added by P.L.145-2006, SEC.273.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 6. Regulation of Child Placing Agencies › 31-27-6-17. Administrative Hearings

Sec. 17. An administrative hearing concerning the decision of the department to impose a sanction under this chapter shall be provided upon a written request by the licensee. The request must be made not more than thirty (30) days after the licensee receives notice under section 16 of this chapter. The written request must be made separately from an informal meeting request made under section 16 of this chapter.
As added by P.L.145-2006, SEC.273. Amended by P.L.128-2012, SEC.134.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 6. Regulation of Child Placing Agencies › 31-27-6-18. Procedure for Administrative Hearings

Sec. 18. A hearing requested under section 17 of this chapter shall be held in accordance with IC 4-21.5-3.
As added by P.L.145-2006, SEC.273.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 6. Regulation of Child Placing Agencies › 31-27-6-23. Cessation of Operation Upon Revocation of License

Sec. 23. A child placing agency shall cease operation when the license of the child placing agency is revoked.
As added by P.L.145-2006, SEC.273.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 6. Regulation of Child Placing Agencies › 31-27-6-24. Notice

Sec. 24. (a) After the license of a child placing agency is revoked, the department shall notify in writing each person responsible for each child in care to ensure that the children are removed from the child placing agency.
(b) The written notice shall be sent to the last known address of the person responsible for the child in care and must state that the license of the child placing agency has been revoked.
As added by P.L.145-2006, SEC.273. Amended by P.L.146-2006, SEC.41.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 6. Regulation of Child Placing Agencies › 31-27-6-26. Investigation of Noncompliance; Injunctions; Corrective Action Plans; Informal Meetings

Sec. 26. (a) The department shall investigate a report of a licensed child placing agency's noncompliance with this article and the rules adopted under this article. If there is reasonable cause to believe that a licensee's noncompliance with this article and rules adopted under this article creates an imminent danger of serious bodily injury to a child or an imminent danger to the health of a child, the department shall report the department's findings to the attorney general and to the local office and the prosecuting attorney in the county where the child placing agency is located.
(b) The attorney general or the department may do the following:
(1) Seek the issuance of a search warrant to assist in the investigation.
(2) File an action for injunctive relief to stop the operation of a child placing agency if there is reasonable cause to believe that a licensee's noncompliance with this article and the rules adopted under this article creates an imminent danger of serious bodily injury to a child or an imminent danger to the health of a child.
(c) The department may require a plan of corrective action, including a hold on new placements, for emergency protection of the children described in subsection (b).
(d) An opportunity for an informal meeting with the department shall be available after injunctive relief is ordered under subsection (b)(2).
As added by P.L.145-2006, SEC.273. Amended by P.L.128-2012, SEC.137.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 6. Regulation of Child Placing Agencies › 31-27-6-27. Expiration of Injunctions for Noncompliance

Sec. 27. A court order granted under section 26(b)(2) of this chapter expires upon the later of the following:
(1) Sixty (60) days after the order is issued.
(2) When a final department decision is issued under sections 16 through 18 of this chapter if notice of an enforcement action is issued under section 16 of this chapter.
As added by P.L.145-2006, SEC.273. Amended by P.L.128-2012, SEC.138.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 6. Regulation of Child Placing Agencies › 31-27-6-29. Compliance With Rules; Disciplinary Sanctions; Revocation of License

Sec. 29. (a) A licensee shall operate a child placing agency in compliance with the rules established under this article and is subject to the disciplinary sanctions under subsection (b) if the department finds that the licensee has violated this article or a rule adopted under this article.
(b) After complying with the procedural provisions in sections 16 through 18 of this chapter, the department may revoke the license when the department finds that a licensee has committed a violation under subsection (a).
As added by P.L.145-2006, SEC.273. Amended by P.L.146-2006, SEC.42; P.L.128-2012, SEC.139.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 6. Regulation of Child Placing Agencies › 31-27-6-30. Investigation of Unlicensed Operation; Injunctions; Civil Penalties

Sec. 30. (a) The department shall investigate a report of an unlicensed child placing agency and report the department's findings to the attorney general and to the local office and the prosecuting attorney in the county where the child placing agency is located.
(b) The attorney general or the department may do the following:
(1) Seek the issuance of a search warrant to assist in the investigation.
(2) File an action for injunctive relief to stop the operation of a child placing agency if there is reasonable cause to believe that the child placing agency is operating without a license required under this article.
(3) Seek in a civil action a civil penalty not to exceed one hundred dollars ($100) a day for each day a child placing agency is operating without a license required under this article.
(c) An opportunity for an informal meeting with the department shall be available after injunctive relief is ordered under subsection (b)(2).
(d) The civil penalties collected under this section shall be deposited in the department of child services child care fund, established by IC 31-25-2-16.
As added by P.L.145-2006, SEC.273. Amended by P.L.1-2007, SEC.205; P.L.128-2012, SEC.140.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 6. Regulation of Child Placing Agencies › 31-27-6-31. Expiration of Injunctions for Unlicensed Operation

Sec. 31. A court order granted under section 30(b)(2) of this chapter expires when the child placing agency is issued a license.
As added by P.L.145-2006, SEC.273.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 6. Regulation of Child Placing Agencies › 31-27-6-32. Violations of Chapter

Sec. 32. A person who knowingly or intentionally violates this chapter commits a Class B misdemeanor.
As added by P.L.145-2006, SEC.273.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 7. Department Base Rates Review › 31-27-7-1. "Base Rate"

Sec. 1. As used in this chapter, "base rate" has the same meaning as set forth in 465 IAC 2-16-4 (as in effect on December 31, 2021).
As added by P.L.173-2022, SEC.4.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 7. Department Base Rates Review › 31-27-7-2. "Child Services Provider"

Sec. 2. As used in this chapter, "child services provider" means the following:
(1) A child caring institution, as defined in IC 31-9-2-16.7.
(2) A group home, as defined in IC 31-9-2-48.5.
(3) A licensed child placing agency, as defined in IC 31-9-2-17.5.
(4) A secure private facility, as defined in IC 31-9-2-115.
As added by P.L.173-2022, SEC.4.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 7. Department Base Rates Review › 31-27-7-3. "Cost Report"

Sec. 3. As used in this chapter, "cost report" has the meaning set forth in 465 IAC 2-16-5 (as in effect on December 31, 2021).
As added by P.L.173-2022, SEC.4.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 7. Department Base Rates Review › 31-27-7-4. Determination of Reasonability of Cost

Sec. 4. For purposes of this chapter, the department shall determine whether a cost is reasonable based on what a reasonable person would pay in the same or similar circumstances for the same or similar item or service.
As added by P.L.173-2022, SEC.4.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 7. Department Base Rates Review › 31-27-7-5. Base Rate Review; Request by Child Services Provider; Determination by Department of Child Services

Sec. 5. (a) A child services provider may request a review of the base rates approved by the department if the child services provider believes that an error or omission was made in the:
(1) cost report that the child services provider submitted to the department;
(2) department's calculation of the base rate; or
(3) department's determination of the reasonableness of a cost.
(b) A request for review under subsection (a) must be:
(1) submitted in writing to the department; and
(2) received by the department not more than thirty (30) days after the date on which the department mailed a rate letter to the child services provider.
Compliance with subdivision (2) is determined in the same manner by which compliance with the requirements for actions related to administrative proceedings is determined under IC 4-21.5-3-1 and IC 4-21.5-3-2.
(c) A child services provider making a request for review under subsection (a) shall submit the request for review in the form and manner specified by the department, including:
(1) identification of the current base rate and approved new base rate, as applicable to a specific program or service offered by the child services provider;
(2) an itemized statement of administrative and indirect costs that the child services provider considers allowable under this chapter;
(3) a clear, concise statement of the reasons for the requested change; and
(4) a detailed statement supporting the requested change.
The department shall not accept or process an incomplete request for review.
(d) If a child services provider that submits a request for review under this chapter has a current license that is subject to current revocation proceedings, the department shall not act upon the request for review.
(e) Not more than thirty (30) days after the date on which the department receives a request for review submitted under this chapter, the department shall conduct a review and:
(1) provide written notice and an explanation of the department's decision to the child services provider; and
(2) publish the notice and explanation of the department's decision on the department's Internet web site.
(f) The department shall provide to the commission on improving the status of children the same notice and explanation of the department's decision provided to the child services provider under subsection (e), and the commission shall publish the notice on the commission's Internet web site.
(g) The explanation of the department's decision under subsection (e) must include a detailed explanation of the following:
(1) The specific portion of the disputed cost that is being approved or denied for reimbursement.
(2) Why the disputed cost being denied is unreasonable.
(3) The information the department used to make its determination.
As added by P.L.173-2022, SEC.4.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 7. Department Base Rates Review › 31-27-7-6. Special Consideration of Certain Costs

Sec. 6. If the child services provider proves that a cost was previously covered for any provider, or is associated with:
(1) accreditation;
(2) staff safety;
(3) child safety; or
(4) a department requirement;
the department may give special consideration to approval of the cost.
As added by P.L.173-2022, SEC.4.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 0.5. Electronic Records › 31-28-0.5-1. Format of Foster Child Health and Medical Records

Sec. 1. Records, forms, and other health information required under IC 31-28-1 through IC 31-28-3 may be maintained:
(1) in physical format; or
(2) in electronic format.
As added by P.L.77-2023, SEC.6.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 1. Health Summary Records of Children Receiving Foster Care › 31-28-1-1. Application

Sec. 1. This chapter applies to children who receive foster care that is funded by the department.
As added by P.L.145-2006, SEC.274. Amended by P.L.128-2012, SEC.141.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 1. Health Summary Records of Children Receiving Foster Care › 31-28-1-2. "Provider"

Sec. 2. As used in this chapter, "provider" has the meaning set forth in IC 16-39-7-1.
As added by P.L.145-2006, SEC.274.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 1. Health Summary Records of Children Receiving Foster Care › 31-28-1-3. Health Summary Record; Contents

Sec. 3. The local office of the county in which a foster child resides shall maintain a health summary record for the foster child. The provider that has provided ongoing care to the child shall complete the record. The record must include the following:
(1) A summary of health care provided to the child.
(2) Recommendations for future health care needs of the child.
As added by P.L.145-2006, SEC.274. Amended by P.L.128-2012, SEC.142.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 1. Health Summary Records of Children Receiving Foster Care › 31-28-1-4. Transfer of Records

Sec. 4. The local office shall obtain the record from the provider required under section 3 of this chapter when the child:
(1) is placed in foster care; and
(2) is returned to the natural parents, adopted, or placed in another permanent plan.
As added by P.L.145-2006, SEC.274. Amended by P.L.128-2012, SEC.143.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 2. Medical Records of Children Receiving Foster Care › 31-28-2-1. Application

Sec. 1. This chapter applies to children who receive foster care that is funded by the department.
As added by P.L.145-2006, SEC.274. Amended by P.L.128-2012, SEC.144.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 2. Medical Records of Children Receiving Foster Care › 31-28-2-2. Medical Treatment Records; Forms

Sec. 2. (a) If medical care is provided to a child who receives foster care, the person who has custody of the child shall inform the provider that the provider is required to file a copy of:
(1) the form provided under IC 31-28-3; and
(2) the child's medical treatment record for the medical care;
with the local office in which the child resides.
(b) The provider shall file the form and record with the local office.
As added by P.L.145-2006, SEC.274. Amended by P.L.128-2012, SEC.145.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 2. Medical Records of Children Receiving Foster Care › 31-28-2-3. Maintenance of Records

Sec. 3. The local office shall maintain the medical treatment records filed under section 2 of this chapter.
As added by P.L.145-2006, SEC.274. Amended by P.L.128-2012, SEC.146.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 2. Medical Records of Children Receiving Foster Care › 31-28-2-4. Copies to Foster Parents and Certain Foster Care Recipients

Sec. 4. (a) The local office shall provide a copy of the medical treatment records filed under section 2 of this chapter to the person who provides foster care to a child.
(b) The local office shall provide an individual who:
(1) is at least eighteen (18) years of age; and
(2) leaves foster care after receiving foster care for at least six (6) months;
a copy of the individual's medical treatment records.
As added by P.L.145-2006, SEC.274. Amended by P.L.128-2012, SEC.147; P.L.104-2015, SEC.25.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 3. Medical Passport Program for Child Receiving Foster Care › 31-28-3-1. Application

Sec. 1. This chapter applies to children who receive foster care that is funded by the department.
As added by P.L.145-2006, SEC.274. Amended by P.L.128-2012, SEC.148.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 3. Medical Passport Program for Child Receiving Foster Care › 31-28-3-2. Medical Passport Program

Sec. 2. The department shall establish a medical passport program for children who receive foster care. Under the program, the department shall do the following:
(1) Maintain a record of medical care provided to a foster child.
(2) Facilitate a provider in providing appropriate care to a foster child.
(3) Allow foster parents to authorize routine and emergency medical care to a foster child.
(4) Provide forms for a provider to submit to the local office under IC 31-28-2.
As added by P.L.145-2006, SEC.274. Amended by P.L.128-2012, SEC.149.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 3. Medical Passport Program for Child Receiving Foster Care › 31-28-3-3. Issuance and Maintenance of Passport

Sec. 3. (a) The local office shall issue the medical passport to a foster child when the child is placed in foster care. The passport must remain with the child until:
(1) the child is returned to the natural parents;
(2) the child is adopted; or
(3) a legal guardian is appointed for the child.
(b) When a child is placed under subsection (a)(1) or (a)(2) or a legal guardian is appointed for a child under subsection (a)(3), the medical passport shall be returned to the local office that issued the passport.
(c) The local office shall provide the medical passport to the child or the child's legal guardian after the child in need of services case or collaborative care case is closed.
As added by P.L.145-2006, SEC.274. Amended by P.L.128-2012, SEC.150; P.L.104-2015, SEC.26.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 3. Medical Passport Program for Child Receiving Foster Care › 31-28-3-4. Administrative Rules

Sec. 4. The director of the department shall adopt rules under IC 4-22-2 necessary to carry out this chapter.
As added by P.L.145-2006, SEC.274.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 4. Interstate Compact on the Placement of Children › 31-28-4-1.5. Application of Chapter Until State Withdraws From Compact

Sec. 1.5. (a) This chapter remains in effect with respect to any state, territory, or possession of the United States, for the District of Columbia, or for the Commonwealth of Puerto Rico if the state, territory, or possession or the district or commonwealth has not adopted the interstate compact for the placement of children under IC 31-28-6. This chapter remains in effect until the governor gives written notice of the withdrawal of Indiana from the compact set forth in section 1 of this chapter to the governor of each other jurisdiction that is a party to the compact set forth in section 1 of this chapter.
(b) IC 31-28-6 shall be used for the interstate placement of children for a state, territory, or possession of the United States, for the District of Columbia, or for the Commonwealth of Puerto Rico if the state, territory, possession, district, or commonwealth has adopted the interstate compact for the placement of children in the format found in IC 31-28-6.
As added by P.L.143-2008, SEC.10.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 4. Interstate Compact on the Placement of Children › 31-28-4-2. Financial Responsibility for Placed Children

Sec. 2. Financial responsibility for a child placed under the provisions of the interstate compact on the placement of children shall be determined in accordance with Article V. However, for the partial or complete default of performance, the provisions of IC 31-2-1 (before its repeal), IC 31-1.5 (before its repeal), IC 31-18.5, IC 12-14-22-9, and IC 12-14-22-10 also may be invoked. In any appropriate case, financial support or contribution may be obtained by an appropriate agency in Indiana under IC 31-40 to aid in the discharge of the financial obligations of a sending agency that has placed a child in another state under the compact.
As added by P.L.145-2006, SEC.274. Amended by P.L.206-2015, SEC.58.