reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 3. Regulation of Child Caring Institutions › 31-27-3-4. Child Caring Institution Established by County; Operation

Sec. 4. (a) A county may establish a child caring institution. The child caring institution may be operated by:
(1) the county; or
(2) a public or private agency under contract with the county;
and must be operated under the rules adopted by the director under this article.
(b) This section does not affect the following:
(1) IC 31-31-1-1 or IC 31-40, requiring the county fiscal body to appropriate sufficient money to pay for services ordered by the juvenile court.
(2) IC 31-31-8, authorizing the juvenile court to establish detention and shelter care facilities.
(3) IC 12-13-5 and IC 12-19-1, requiring the division of family resources, the office, and the county departments to provide care and treatment for delinquent children and children in need of services.
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 3. Regulation of Child Caring Institutions › 31-27-3-6. Incomplete Applications

Sec. 6. 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 3. Regulation of Child Caring Institutions › 31-27-3-7. Investigation of Applicants

Sec. 7. 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 3. Regulation of Child Caring Institutions › 31-27-3-8. Issuance of License

Sec. 8. 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 3. Regulation of Child Caring Institutions › 31-27-3-9. Eligibility for Waivers and Variances

Sec. 9. A child caring institution 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 3. Regulation of Child Caring Institutions › 31-27-3-10. Waiver of Maximum Stay for Child

Sec. 10. (a) The department may grant a waiver of the twenty (20) day maximum stay for a child if the child caring institution licensed as a shelter care facility applies for the waiver before the expiration of the twenty (20) day period.
(b) The child caring institution 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.26.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 3. Regulation of Child Caring Institutions › 31-27-3-11. Denial of License

Sec. 11. (a) The department shall deny a license when an applicant fails to meet the requirements for a license.
(b) The department shall send 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 receiving 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.98.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 3. Regulation of Child Caring Institutions › 31-27-3-12. Investigation of Unlicensed Premises

Sec. 12. 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 3. Regulation of Child Caring Institutions › 31-27-3-13. Duration of License; Limitations; Renewal; Public Display

Sec. 13. (a) A license for a child caring institution 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) When a licensee submits a timely application for renewal, the current license remains in effect until the department issues a license or denies the application.
(d) A current license must be publicly displayed.
As added by P.L.145-2006, SEC.273. Amended by P.L.146-2006, SEC.27; P.L.128-2012, SEC.99.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 3. Regulation of Child Caring Institutions › 31-27-3-14. Probationary Status; Duration; Expiration; Extension

Sec. 14. (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;
(2) the licensee files a plan with the department, Indiana department of health, or the state fire marshal to correct the areas of noncompliance within the probationary period; and
(3) the department, Indiana department of health, or 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 under subsection (b); or
(3) revoke the license.
As added by P.L.145-2006, SEC.273. Amended by P.L.146-2006, SEC.28; P.L.56-2023, SEC.302.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 3. Regulation of Child Caring Institutions › 31-27-3-15. Inspections

Sec. 15. The department and the state fire marshal shall do the following:
(1) Make annual onsite inspections.
(2) Keep written records of their 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 3. Regulation of Child Caring Institutions › 31-27-3-16. Cooperation by Licensees

Sec. 16. 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 15 of this chapter, including permitting the department, the state fire marshal, and 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.100.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 3. Regulation of Child Caring Institutions › 31-27-3-17. Sprinkler System Requirements

Sec. 17. The fire prevention and building safety commission may not adopt rules requiring the installation of a sprinkler system in a living unit of a licensed child caring institution in which fewer than sixteen (16) children reside, each of whom is:
(1) ambulatory; and
(2) at least six (6) years of age.
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 3. Regulation of Child Caring Institutions › 31-27-3-18. Records

Sec. 18. (a) A licensee shall keep records regarding each child in the control and care of the licensee as the department requires 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 caring institution.
(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 child caring institution.
(5) The parent, guardian, or custodian of the child at the child caring institution.
(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.49; P.L.182-2009(ss), SEC.374; P.L.123-2014, SEC.11.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 3. Regulation of Child Caring Institutions › 31-27-3-18.5. Use of Reasonable and Prudent Parent Standard

Sec. 18.5. 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.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 3. Regulation of Child Caring Institutions › 31-27-3-19. 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 3. Regulation of Child Caring Institutions › 31-27-3-20. 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 child caring institution. The request must be made not more than thirty (30) days after receiving 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.101.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 3. Regulation of Child Caring Institutions › 31-27-3-21. Procedure for Administrative Hearings

Sec. 21. A hearing requested under section 20 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 3. Regulation of Child Caring Institutions › 31-27-3-26. Cessation of Operation Upon Revocation of License

Sec. 26. A child caring institution shall cease operation when the license of the child caring institution 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 3. Regulation of Child Caring Institutions › 31-27-3-27. Notice

Sec. 27. (a) After a license is revoked, the department shall notify in writing each person responsible for each child in care to ensure that those children are removed.
(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 child caring institution has been revoked.
As added by P.L.145-2006, SEC.273. Amended by P.L.146-2006, SEC.29.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 3. Regulation of Child Caring Institutions › 31-27-3-29. Investigations of Noncompliance; Injunctions; Corrective Action Plans; Removal of Children; Informal Meetings

Sec. 29. (a) The department shall investigate a report of a licensed child caring institution's noncompliance with this article or 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 institution 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 caring institution if there is reasonable cause to believe that a licensee's noncompliance with this article or 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) The department may provide for the removal of children from child caring institutions described in subsection (b).
(e) An opportunity for an informal meeting with the department shall be available after the injunctive relief is ordered.
As added by P.L.145-2006, SEC.273. Amended by P.L.128-2012, SEC.104.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 3. Regulation of Child Caring Institutions › 31-27-3-30. Expiration of Injunctions for Creation of Imminent Danger

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 department decision is issued under sections 20 and 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.105.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 3. Regulation of Child Caring Institutions › 31-27-3-32. Compliance With Rules; Disciplinary Sanctions; Revocation of License

Sec. 32. (a) A licensee shall operate a child caring institution 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.30; P.L.128-2012, SEC.106.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 3. Regulation of Child Caring Institutions › 31-27-3-33. Investigations of Unlicensed Operation; Injunctions; Civil Penalties

Sec. 33. (a) The department shall investigate a report of an unlicensed child caring institution and report the department's findings to the attorney general and to the local office and the prosecuting attorney in the county where the institution 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 caring institution if there is reasonable cause to believe that the child caring institution 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 caring institution is operating without a license required under this article.
(c) An opportunity for an informal meeting with the department shall be available after the injunctive relief is ordered.
(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.202; P.L.128-2012, SEC.107.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 3. Regulation of Child Caring Institutions › 31-27-3-34. Expiration of Injunction for Unlicensed Operation

Sec. 34. A court order granted under section 33(b)(2) of this chapter expires when the child caring institution 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 3. Regulation of Child Caring Institutions › 31-27-3-35. Violations of Chapter

Sec. 35. 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 4. Regulation of Foster Homes › 31-27-4-1. License Required to Operate Foster Family Home; Exception

Sec. 1. (a) Except as provided in subsection (d), a person may not operate a foster family home without a license issued under this article.
(b) The state or a political subdivision of the state may not operate a foster family home without a license issued under this article.
(c) A person 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.
(d) A person may operate a foster family home without a license issued under this article if the person is a relative of the child for whom the person is providing supervision and care.
As added by P.L.145-2006, SEC.273. Amended by P.L.48-2012, SEC.27; P.L.123-2014, SEC.12.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 4. Regulation of Foster Homes › 31-27-4-3. Repealed

As added by P.L.145-2006, SEC.273. Amended by P.L.143-2008, SEC.8; P.L.131-2009, SEC.37; P.L.162-2011, SEC.27. Repealed by P.L.48-2012, SEC.29.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 4. Regulation of Foster Homes › 31-27-4-4. Consultation With Fire Prevention and Building Safety Commission

Sec. 4. The fire prevention and building safety commission shall provide consultation regarding the licensure of foster family homes to the department upon request.
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 4. Regulation of Foster Homes › 31-27-4-6.5. "Disability"; Foster Family Home

Sec. 6.5. (a) As used in this section, "disability" has the meaning set forth in 42 U.S.C. 12102.
(b) The department, in determining whether to grant an application for a license to operate a foster family home:
(1) shall not discriminate against; and
(2) shall take into consideration the provision of reasonable accommodations to;
an applicant who is a person with a disability, as provided under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), Title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 through 42 U.S.C. 12134), and other applicable state and federal law.
As added by P.L.146-2021, SEC.12.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 4. Regulation of Foster Homes › 31-27-4-7. 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 4. Regulation of Foster Homes › 31-27-4-8. Supervision and Care Limits; Exceptions

Sec. 8. (a) An applicant may not provide supervision and care as a foster family home if more than:
(1) six (6) individuals, each of whom:
(A) is less than eighteen (18) years of age; or
(B) is at least eighteen (18) years of age and is receiving care and supervision under an order of a juvenile court; or
(2) four (4) individuals less than six (6) years of age;
including the children or individuals for whom the provider is a relative, guardian, or custodian, receive care and supervision at the facility at the same time.
(b) Not more than four (4) of the six (6) individuals in subsection (a)(1) may be less than six (6) years of age.
(c) The department may grant an exception to this section whenever the department determines that:
(1) the placement of siblings in the same foster family home is desirable;
(2) a foster child has an established, meaningful relationship with the foster parents;
(3) the:
(A) child is being placed in the foster family home for a second or subsequent time under IC 31-34-23-5;
(B) placement would not cause the foster family home to be out of compliance with federal law; and
(C) department determines that the placement would not present a safety risk for the child or for any other resident of the foster family home; or
(4) it is otherwise in the foster child's best interests.
(d) If a foster family home does not meet the requirements under subsection (a) on July 1, 2011, any foster child placed in the home prior to July 1, 2011, may remain placed. However, a new placement of a child may not be made in violation of this section.
As added by P.L.145-2006, SEC.273. Amended by P.L.143-2008, SEC.9; P.L.162-2011, SEC.30; P.L.48-2012, SEC.30; P.L.123-2014, SEC.14; P.L.12-2018, SEC.1; P.L.210-2019, SEC.6.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 4. Regulation of Foster Homes › 31-27-4-9. Repealed

As added by P.L.145-2006, SEC.273. Amended by P.L.48-2012, SEC.31. Repealed by P.L.123-2014, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 4. Regulation of Foster Homes › 31-27-4-10. Investigation of Applicants

Sec. 10. 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 4. Regulation of Foster Homes › 31-27-4-11. Issuance of License

Sec. 11. The department shall issue a license to a person who meets all 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 4. Regulation of Foster Homes › 31-27-4-12. Eligibility for Waivers and Variances

Sec. 12. A foster family 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 4. Regulation of Foster Homes › 31-27-4-13. Denial of License; Notice; Administrative Hearing Upon Written Request

Sec. 13. (a) The department shall deny a license when an applicant fails to meet the requirements for a license. The department shall deny a license to an applicant who has been convicted of a nonwaivable offense (as defined in IC 31-9-2-84.8).
(b) The department may deny a license to an applicant who:
(1) has been convicted of a felony that is not described in subsection (a); or
(2) has had a juvenile adjudication for an act described in subsection (a) that, if committed by an adult, would be a felony.
(c) The department shall send written notice by certified mail that the application has been denied and give the reasons for the denial.
(d) 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 receiving the written notice under subsection (c).
(e) 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.138-2007, SEC.53; P.L.162-2011, SEC.31; P.L.128-2012, SEC.110; P.L.158-2013, SEC.313; P.L.104-2015, SEC.21; P.L.183-2017, SEC.19.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 4. Regulation of Foster Homes › 31-27-4-14. Delegation of Investigations

Sec. 14. (a) The department may delegate the investigation of foster family homes to a licensed child placing agency. The child placing agency is responsible for completing a foster family home licensing study that shows substantial compliance with foster family home rules and is the basis of a recommendation for licensure to the department.
(b) The department shall:
(1) issue the license; or
(2) notify the child placing agency if a license is not issued, giving the reasons for the denial.
(c) After licensure the child placing agency shall supervise and monitor the foster family home in relation to the rules for licensure and shall recommend subsequent licensing and enforcement actions.
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 4. Regulation of Foster Homes › 31-27-4-15. Investigation of Unlicensed Premises

Sec. 15. 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 4. Regulation of Foster Homes › 31-27-4-16. Duration of License; Limitations; Renewal

Sec. 16. (a) A license for a foster family home is valid for four (4) years from 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 foster family home shall have the foster family home's license available for inspection.
(d) To extend a license an additional four (4) years, the home must apply for relicensure. The current license shall remain in effect during the relicensure process 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.31; P.L.128-2012, SEC.111.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 4. Regulation of Foster Homes › 31-27-4-17. Probationary Status; Duration; Expiration; Extension

Sec. 17. (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;
(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 under subsection (b); or
(3) revoke the license.
As added by P.L.145-2006, SEC.273. Amended by P.L.146-2006, SEC.32.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 4. Regulation of Foster Homes › 31-27-4-18. Inspection of Foster Family Homes

Sec. 18. The department may conduct an inspection of a foster family home 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 4. Regulation of Foster Homes › 31-27-4-19. Records of Monitoring Activities and Inspections

Sec. 19. 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 4. Regulation of Foster Homes › 31-27-4-20. Cooperation by Licensees

Sec. 20. The licensee shall cooperate with the department in carrying out the activities required by sections 18 through 19 of this chapter, including permitting the department to conduct announced or unannounced 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 4. Regulation of Foster Homes › 31-27-4-20.5. Use of Reasonable and Prudent Parent Standard

Sec. 20.5. 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.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 4. Regulation of Foster Homes › 31-27-4-21. Records Regarding Children

Sec. 21. (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 foster family 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 foster family home.
(5) The parent, guardian, or custodian of the child at the foster family 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.54; P.L.182-2009(ss), SEC.375; P.L.123-2014, SEC.16.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 4. Regulation of Foster Homes › 31-27-4-22. Notice of Enforcement Actions; Informal Meetings

Sec. 22. 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 4. Regulation of Foster Homes › 31-27-4-23. Administrative Hearings

Sec. 23. 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) calendar days after the licensee receives notice under section 22 of this chapter. The written request must be made separately from an informal meeting request made under section 22 of this chapter.
As added by P.L.145-2006, SEC.273. Amended by P.L.128-2012, SEC.112.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 4. Regulation of Foster Homes › 31-27-4-24. Procedure for Administrative Hearings

Sec. 24. A hearing requested under section 23 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 4. Regulation of Foster Homes › 31-27-4-29. Cessation of Operation Following Revocation of License

Sec. 29. A foster family home shall cease operation when the license of the foster family 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 4. Regulation of Foster Homes › 31-27-4-30. Notice

Sec. 30. (a) After the license of a foster family 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 foster family home.
(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 foster family home has been revoked.
As added by P.L.145-2006, SEC.273. Amended by P.L.146-2006, SEC.33.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 4. Regulation of Foster Homes › 31-27-4-33. Compliance With Rules; Disciplinary Sanctions; Revocation of License

Sec. 33. (a) A licensee shall operate a foster family 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 22 through 24 of this chapter, the department may revoke the license when the department finds that a licensee has committed a violation under subsection (a). However, the department shall permanently revoke the license of a licensee who has been convicted of any of the nonwaivable offenses, as defined in IC 31-9-2-84.8. The department may permanently revoke the license of a person who has been convicted of a nonwaivable offense that is not described in IC 31-9-2-84.8 and for other reasons set forth in rules adopted by the department.
As added by P.L.145-2006, SEC.273. Amended by P.L.146-2006, SEC.34; P.L.162-2011, SEC.33; P.L.128-2012, SEC.115; P.L.183-2017, SEC.21.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 4. Regulation of Foster Homes › 31-27-4-34. Investigation of Unlicensed Home Reports; Enforcement

Sec. 34. (a) The department shall investigate a report of an unlicensed foster family 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 foster family 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.
(3) Seek in a civil action a civil penalty not to exceed one hundred dollars ($100) a day for each day a foster family home is operating without a license required under this article.
(c) 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.203; P.L.128-2012, SEC.116.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 4. Regulation of Foster Homes › 31-27-4-35. Notification of Sexual Contact or Sex Crime

Sec. 35. (a) A licensee must immediately contact the department if:
(1) a foster child less than sixteen (16) years of age, while living in a foster home, engages in or is the victim of sexual contact (as defined in IC 25-1-9-3.5);
(2) a foster child, while living in a foster home, is:
(A) charged with or adjudicated as having committed an act that would be a crime under IC 35-42-4 if committed by an adult;
(B) charged with or convicted of an offense under IC 35-42-4; or
(C) the victim of an offense under IC 35-42-4; or
(3) the licensee learns that a foster child has, before placement with the licensee, engaged in or been the victim of an act described in subdivision (1) or (2).
(b) The information provided to the department under subsection (a) must include:
(1) the name of the child;
(2) the date of the occurrence of the act if it can be determined;
(3) a description of the act;
(4) the name of the responding law enforcement agency if a law enforcement agency is contacted; and
(5) any other information the licensee determines is relevant.
(c) Notwithstanding any other law, the department shall provide information described in subsection (b)(1) through (b)(4), whether received from a licensee or another reliable source, to:
(1) a prospective licensee before the placement of the foster child with that licensee; and
(2) each licensee with whom the foster child has previously been placed.
(d) The notification requirements of subsection (c) apply to a foster child who has:
(1) engaged in sexual contact (as defined in IC 25-1-9-3.5) if the foster child is less than sixteen (16) years of age;
(2) been charged with or adjudicated as having committed an act that would be a crime under IC 35-42-4 if committed by an adult; or
(3) been charged with or convicted of an offense under IC 35-42-4.
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 4.5. Foster Parent Rights › 31-27-4.5-1. Foster Parent's Right to Disclose Confidential Information; Limitations; Exceptions

Sec. 1. (a) Except as provided in subsection (b), a confidentiality agreement entered into between a foster parent and the department may not prohibit the foster parent from releasing or disclosing confidential information to a duly elected state government official for whom the information is relevant to the official's responsibility under the law to protect children from child abuse and neglect.
(b) A foster parent may provide an elected state government official with information regarding a child in the foster parent's care. However, a foster parent may not release or disclose the following information regarding a child who is or was in foster care or under the supervision of a juvenile court, or regarding the child's parent, guardian, or custodian:
(1) Medical records.
(2) Mental health records.
(3) Education records.
(4) Social Security number.
(5) Juvenile court records, as set forth in IC 31-39-1.
(6) Law enforcement records, as set forth in IC 31-39-3.
(7) A report prepared under IC 31-19-17-2.
(8) Identifying information (as defined in IC 31-33-18-1.5) regarding the child's parent, guardian, or custodian.
(9) Information shared at a meeting at which the foster parent was present only with the consent of a child's parent, guardian, or custodian.
(c) The department may not:
(1) take adverse action against a foster parent's license under IC 31-27-4; or
(2) remove a foster child from the home of a foster parent;
solely on the basis of the foster parent having spoken to a duly elected state government official, provided the foster parent did not provide the state government official with information the foster parent is prohibited from releasing under subsection (b).
As added by P.L.244-2023, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 4.5. Foster Parent Rights › 31-27-4.5-2. Removal of Foster Child on the Basis of Filing a Petition to Adopt

Sec. 2. The department may not remove a foster child from the home of a foster parent solely on the basis of the foster parent having filed a petition to adopt the child.
As added by P.L.244-2023, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 4.5. Foster Parent Rights › 31-27-4.5-3. Department's Duty to Provide Informational Packet; Required Contents; Delivery of Packet

Sec. 3. (a) The department shall provide a licensed foster parent a packet containing the following information:
(1) The foster parent's rights, including the relevant statutes.
(2) The grievance filing process with clear instructions and contact information.
(3) A complete copy of the department's policy manual.
(b) The packet described in subsection (a) must be provided to the licensed foster parent in an electronic format unless the foster parent is unable to receive the packet in an electronic format.
(c) The department shall deliver the packet described in subsection (a):
(1) immediately to all currently licensed foster parents; and
(2) upon licensure for all future foster parents.
As added by P.L.244-2023, SEC.7.
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 › 31-27-5-1. Group Home Operation; Necessity for License; Number of Children and Location of Home

Sec. 1. (a) A person may not operate a group home without a license issued under this article.
(b) The state or a political subdivision of the state may not operate a group home without a license issued under this article.
(c) A person may not operate a group 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 5. Regulation of Group Homes › 31-27-5-2. Conditions for Issuance of License

Sec. 2. (a) A license may be issued only if the group home is in substantial compliance with food, health, safety, and sanitation standards as determined under rules adopted by the department under IC 31-27-2-4 or in accordance with a variance or waiver approved by the department under IC 31-27-2-8.
(b) A license may be issued only if the group home is in compliance with the fire and life safety rules as determined by the state fire marshal under rules adopted by the department under IC 31-27-2-4 or in accordance with a variance or waiver approved by the department under IC 31-27-2-8.
(c) The department may issue a waiver or variance regarding a determination by the state fire marshal or the department under subsections (a) and (b).
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 › 31-27-5-3. Group Home Plat or Deed Restrictions

Sec. 3. (a) This section applies to:
(1) a restriction;
(2) a reservation;
(3) a condition;
(4) an exception; or
(5) a covenant;
that is created after June 30, 1990, in a subdivision plat, deed, or other instrument of or pertaining to the transfer, sale, lease, or use of property.
(b) This section applies to a group home that houses:
(1) not more than ten (10) children; and
(2) only children who are judicially determined to be either:
(A) children in need of services under IC 31-34-1 (or IC 31-6-4-3 or IC 31-6-4-3.1 before their repeal); or
(B) children who have committed a delinquent act under IC 31-37-2-2, IC 31-37-2-3, or IC 31-37-2-5 (or IC 31-6-4-1(a)(2), IC 31-6-4-1(a)(3), or IC 31-6-4-1(a)(5) before their repeal).
(c) A restriction, a reservation, a condition, an exception, or a covenant in a subdivision plat, deed, or other instrument of or pertaining to the:
(1) transfer;
(2) sale;
(3) lease; or
(4) use;
of property that would permit the residential use of property but prohibit the use of that property as a group home is, to the extent of the prohibition, void for public policy reasons.
(d) The prohibition described in subsection (c) is void even if the prohibition is based on any of the following grounds:
(1) The group home is a business.
(2) The persons residing in the group home are not related.
(3) Any other reason.
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 › 31-27-5-5. Establishment of County Group Home; Operation

Sec. 5. (a) A county may establish a child group home. The group home may be operated by:
(1) the county; or
(2) a public or private agency under contract with the county;
and must be operated under the rules adopted by the director under this article.
(b) This section does not affect the following:
(1) IC 31-31-1-1 or IC 31-40, requiring the county fiscal body to appropriate sufficient money to pay for services ordered by the juvenile court.
(2) IC 31-31-8, authorizing the juvenile court to establish detention and shelter care facilities.
(3) IC 12-13-5 and IC 12-19-1, requiring the department and the county office to provide care and treatment for delinquent children and children in need of services.
As added by P.L.145-2006, SEC.273.