reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 26. Child Services: Programs › Chapter 4. Indiana Kids First Trust › 31-26-4-17. Nonprofit Subsidiary Corporation; Duties; Report

Sec. 17. (a) The board may establish a nonprofit subsidiary corporation that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code to solicit and accept private funding, gifts, donations, bequests, devises, and contributions.
(b) The board shall study the topic of establishing a nonprofit subsidiary corporation described in subsection (a). Not later than December 31, 2021, the board shall submit a report to the general assembly in an electronic format under IC 5-14-6 addressing the board's findings and determinations under this subsection. If the board determines to establish a nonprofit subsidiary corporation as described in subsection (a), the report must also include an implementation plan and estimated budget for the establishment of the nonprofit subsidiary corporation.
(c) A subsidiary corporation established under this section is governed by a board of directors comprised of members appointed by the Indiana kids first trust fund board. Employees of the Indiana kids first trust fund board may serve on the board of directors of the subsidiary corporation. A subsidiary corporation established under this section:
(1) shall use money received under subsection (a) to carry out, in any manner, the purposes and programs of the board;
(2) shall report to the budget committee each year concerning:
(A) the use of money received; and
(B) the balances in any accounts or funds established by the subsidiary corporation;
(3) may donate money received to the Indiana kids first trust fund; and
(4) may deposit money received in an account or fund that is:
(A) administered by the subsidiary corporation; and
(B) not part of the state treasury.
(d) The board of directors of a subsidiary corporation established under this section shall post the minutes of a meeting on the subsidiary corporation's Internet web site not later than ten (10) days after the minutes are approved by the board of directors.
(e) Employees of the Indiana kids first trust fund board shall provide administrative support for a subsidiary corporation established under this section. Employees of the board directly involved in the subsidiary corporation may engage in fundraising activities on behalf of the subsidiary corporation.
(f) The state board of accounts shall annually audit a subsidiary corporation established under this section.
As added by P.L.93-2021, SEC.5.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 26. Child Services: Programs › Chapter 4.5. Insuring Foster Youth Trust Program › 31-26-4.5-1. Establishment

Sec. 1. (a) The insuring foster youth trust program is established under this chapter to recognize that:
(1) foster youth have limited access to resources as they begin to age out of the system;
(2) foster youth require additional resources as they begin to age out of the system to ensure a successful transition to adulthood;
(3) ensuring that foster youth can afford automobile insurance is paramount to the successful transition of a foster youth to adulthood; and
(4) providing funding to help defray the cost of automobile insurance will drastically increase the chances of a successful transition of a foster youth to adulthood.
(b) Subject to available funding, the insuring foster youth trust program shall provide funding to help defray the cost of the following:
(1) Automobile insurance coverage for foster youth.
(2) Not more than forty-four (44) of the fifty (50) hours of supervised driving practice for foster youth pursuant to IC 9-24-3-2.5.
As added by P.L.59-2022, SEC.2.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 26. Child Services: Programs › Chapter 4.5. Insuring Foster Youth Trust Program › 31-26-4.5-2. "Foster Youth"

Sec. 2. As used in this chapter, "foster youth" refers to an individual:
(1) at least sixteen (16) years of age;
(2) not more than twenty-three (23) years of age; and
(3) who is:
(A) adjudicated a child in need of services under IC 31-34-1;
(B) an older youth in a collaborative care program under IC 31-28-5.8; or
(C) a participant in voluntary older youth services provided by a contractor of the department and referred to them by a department employee.
As added by P.L.59-2022, SEC.2.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 26. Child Services: Programs › Chapter 4.5. Insuring Foster Youth Trust Program › 31-26-4.5-3. "Fund"

Sec. 3. As used in this chapter, "fund" refers to the insuring foster youth trust fund established by section 4 of this chapter.
As added by P.L.59-2022, SEC.2.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 26. Child Services: Programs › Chapter 4.5. Insuring Foster Youth Trust Program › 31-26-4.5-4. Fund Establishment; Money in the Fund; Administration; Investments; Appropriation

Sec. 4. (a) The insuring foster youth trust fund is established to carry out the purposes of this chapter.
(b) The fund consists of the following:
(1) Appropriations made by the general assembly.
(2) Interest as provided in subsection (f).
(3) Fees collected from an insuring foster youth trust license plate, if one is issued under IC 9-18.5.
(4) Money received pursuant to subsection (c).
(5) Money donated to the fund, including donations from a nonprofit subsidiary corporation established under section 9 of this chapter.
(6) Money transferred to the fund from other funds.
(c) The department may apply for all federal funds that are available for which the state is eligible to carry out the purposes of this chapter.
(d) The department shall administer the fund.
(e) The expenses of administering the fund and this chapter shall be paid from the fund. The fund's administrative expenses may not exceed ten percent (10%) of the amounts deposited into the fund.
(f) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public trust funds are invested. Interest that accrues from these investments shall be deposited in the fund.
(g) Money in the fund is continuously appropriated for the purposes of the fund.
(h) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
As added by P.L.59-2022, SEC.2. Amended by P.L.97-2023, SEC.10.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 26. Child Services: Programs › Chapter 4.5. Insuring Foster Youth Trust Program › 31-26-4.5-5. Use of the Fund

Sec. 5. (a) Money in the fund may be used to provide payments to foster youth for the purposes set forth in section 1(b) of this chapter.
(b) Money in the fund may not be granted to a state or local unit of government.
As added by P.L.59-2022, SEC.2.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 26. Child Services: Programs › Chapter 4.5. Insuring Foster Youth Trust Program › 31-26-4.5-6. Financial Liability

Sec. 6. A foster youth is responsible for paying all costs of a policy of automobile insurance. A state or local government agency, foster parent, or entity providing services to a foster youth under a contract or at the direction of a state or local government agency shall not be required to pay any costs associated with a policy of automobile insurance or supervised driving hours and shall not be liable for any damages that result from the foster youth's operation of an automobile owned and insured by the foster youth.
As added by P.L.59-2022, SEC.2.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 26. Child Services: Programs › Chapter 4.5. Insuring Foster Youth Trust Program › 31-26-4.5-7. Reporting

Sec. 7. Before October 1 of each year, the department shall prepare a report to the general assembly in an electronic format under IC 5-14-6 regarding the funds received and payments made by the fund.
As added by P.L.59-2022, SEC.2.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 26. Child Services: Programs › Chapter 4.5. Insuring Foster Youth Trust Program › 31-26-4.5-9. Establishment; Nonprofit Subsidiary Corporation

Sec. 9. The department may establish a nonprofit subsidiary corporation that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code to solicit and accept private funding, gifts, donations, bequests, devises, and contributions.
As added by P.L.59-2022, SEC.2.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 26. Child Services: Programs › Chapter 4.5. Insuring Foster Youth Trust Program › 31-26-4.5-10. Implementation; Application for Funding

Sec. 10. The department or the department's designee may:
(1) develop evaluation criteria, payment calculation standards, and other policies related to the implementation of this chapter; and
(2) adopt and make available to foster youth a method for applying for funding under this chapter.
As added by P.L.59-2022, SEC.2.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 26. Child Services: Programs › Chapter 5. Family Preservation Services › 31-26-5-1. "Child at Imminent Risk of Placement"

Sec. 1. As used in this chapter, "child at imminent risk of placement" means a child less than eighteen (18) years of age who reasonably may be expected to face in the near future out-of-home placement under IC 31-27 through IC 31-28 and IC 31-30 through IC 31-40 as a result of at least one (1) of the following:
(1) Dependency, abuse, or neglect.
(2) Emotional disturbance.
(3) Family conflict so extensive that reasonable control of the child is not exercised.
(4) Delinquency adjudication.
As added by P.L.145-2006, SEC.272.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 26. Child Services: Programs › Chapter 5. Family Preservation Services › 31-26-5-2. Department Contracting to Provide Family Preservation Services

Sec. 2. The department may contract to provide or provide, when appropriate, within the limits of available funding, family preservation services to families with a child at imminent risk of placement.
As added by P.L.145-2006, SEC.272.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 26. Child Services: Programs › Chapter 5. Family Preservation Services › 31-26-5-2.5. Per Diem Model Reimbursement to Community Based Providers for Family Preservation Services

Sec. 2.5. (a) Beginning October 1, 2019, the department shall use a per diem model to reimburse community based providers for providing family preservation services.
(b) The department shall develop, and update as needed, procedures to determine an appropriate per diem rate under subsection (a).
As added by P.L.108-2019, SEC.238.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 26. Child Services: Programs › Chapter 5. Family Preservation Services › 31-26-5-3. Duties of Family Preservation Services

Sec. 3. (a) Family preservation services may provide:
(1) comprehensive, coordinated, flexible, and accessible services;
(2) intervention as early as possible with emphasis on establishing a safe and nurturing environment;
(3) services to families who have members placed in care settings outside the nuclear family; and
(4) planning options for temporary placement outside the family if it would endanger the child to remain in the home.
(b) Unless authorized by a juvenile court, family preservation services may not include a temporary out-of-home placement if a person who is currently residing in the location designated as the out-of-home placement has committed an act resulting in a substantiated report of child abuse or neglect or has a juvenile adjudication or a conviction for a nonwaivable offense, as defined in IC 31-9-2-84.8.
(c) Before placing a child at imminent risk of placement in a temporary out-of-home placement, the department shall conduct a criminal history check (as defined in IC 31-9-2-22.5) for each person described in subsection (b). However, the department is not required to conduct a criminal history check under this section if the temporary out-of-home placement is made to an entity or facility that is not a residence (as defined in IC 3-5-2-42.5) or that is licensed by the state.
As added by P.L.145-2006, SEC.272. Amended by P.L.183-2017, SEC.12.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 26. Child Services: Programs › Chapter 5. Family Preservation Services › 31-26-5-4. Family Preservation Services; Delivery of Services

Sec. 4. Family preservation services must be delivered:
(1) only to families and in situations where the services may reasonably be expected to avoid out-of-home placement of the child; and
(2) to afford effective protection of the child, the family, and the community.
As added by P.L.145-2006, SEC.272.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 26. Child Services: Programs › Chapter 5. Family Preservation Services › 31-26-5-5. Family Preservation Services; Required Services; Discretionary Services

Sec. 5. (a) Family preservation services must include the following:
(1) A twenty-four (24) hour crisis intervention service.
(2) Risk assessment, case management, and monitoring.
(3) Intensive in-home skill building and counseling.
(4) After-care linkage.
(b) The following services may be available as needed to families receiving family preservation services:
(1) Emergency respite care.
(2) Pre-adoption and post-adoption services.
As added by P.L.145-2006, SEC.272.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 26. Child Services: Programs › Chapter 5. Family Preservation Services › 31-26-5-6. Family Preservation Services; Maximum Caseload per Caseworker

Sec. 6. A caseworker who provides family preservation services may retain a maximum caseload of twelve (12) families.
As added by P.L.145-2006, SEC.272.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 26. Child Services: Programs › Chapter 6. Regional Service Strategic Plans › 31-26-6-1. "Plan"

Sec. 1. As used in this chapter, "plan" includes a regional services strategic plan to achieve the purposes described in section 5 of this chapter and any implementation strategy, revision, addition, or update of the plan, as described in section 12(a) of this chapter.
As added by P.L.146-2008, SEC.571.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 26. Child Services: Programs › Chapter 6. Regional Service Strategic Plans › 31-26-6-4. County Participation in Regional Services Council

Sec. 4. (a) Each county shall participate in a regional services council established under this chapter for the service region in which the county is located.
(b) The department shall determine the county or counties that comprise each service region. A county may not be divided when establishing a service region.
As added by P.L.146-2008, SEC.571.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 26. Child Services: Programs › Chapter 6. Regional Service Strategic Plans › 31-26-6-5. Biennial Regional Services Strategic Plan Required

Sec. 5. Each regional services council shall develop a biennial regional services strategic plan that is tailored to provide services targeted to the individual needs of children who:
(1) have been either:
(A) adjudicated as, or alleged in a proceeding initiated under IC 31-34 or IC 31-37 to be, children in need of services or delinquent children; or
(B) identified by the department, based on information received from:
(i) a school;
(ii) a social service agency;
(iii) a court;
(iv) a probation department;
(v) the child's parent or guardian; or
(vi) an interested person in the community having knowledge of the child's environment and family circumstances;
and after an informal investigation, as substantially at risk of becoming children in need of services or delinquent children; and
(2) have been referred to the department by, or with the consent of, the child's parent, guardian, or custodian for services to be provided through the plan based on an individual case plan for the child.
As added by P.L.146-2008, SEC.571.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 26. Child Services: Programs › Chapter 6. Regional Service Strategic Plans › 31-26-6-5.5. Description of Plan Implementation

Sec. 5.5. Each regional services council shall include in the plan a description of how the department will implement the plan in the service region, including the following:
(1) Organization.
(2) Staffing.
(3) Mode of operations.
(4) Financing of the child protection services.
(5) The provisions made for the purchase of services.
(6) Interagency relations.
As added by P.L.104-2015, SEC.18.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 26. Child Services: Programs › Chapter 6. Regional Service Strategic Plans › 31-26-6-6. Evaluation of Needs; Determination of Appropriate Delivery Mechanisms; Recommendation Regarding Allocation and Distribution of Funds

Sec. 6. (a) Each regional services council shall, according to guidelines and policies established by the department, include in its plan an evaluation of local child welfare service needs and a determination of appropriate delivery mechanisms. The policies shall provide an opportunity for local services providers to be represented in the evaluation of local child welfare service needs. In addition, the regional services council shall take public testimony regarding local service needs and system changes.
(b) The council shall also recommend in the plan, or any revision, addition, or update relating to implementation of a plan under section 12(a) of this chapter, the allocation and distribution among service providers of funds that:
(1) the department allocates to the service region; and
(2) are used to pay for the expenses of child welfare programs and child services administered by the department within the region.
As added by P.L.146-2008, SEC.571.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 26. Child Services: Programs › Chapter 6. Regional Service Strategic Plans › 31-26-6-7. Members of Regional Services Council

Sec. 7. (a) If the service region consists of at least three (3) counties, the regional services council is composed of the following members appointed from the service region:
(1) The regional manager, who must be an employee of the department.
(2) Three (3) members who are juvenile court judges or their designees.
(3) Three (3) local office directors.
(4) Two (2) family case manager supervisors.
(5) Two (2) family case managers.
(6) Two (2) licensed foster parents.
(7) One (1) guardian ad litem or court appointed special advocate.
(8) One (1) member who is a prosecuting attorney or the prosecuting attorney's designee.
(9) One (1) individual who:
(A) is at least sixteen (16) and less than twenty-five (25) years of age;
(B) is a resident of the service region;
(C) has received or is receiving services through funds provided, directly or indirectly, through the department; and
(D) will serve in a nonvoting capacity.
(b) If the service region consists of one (1) or two (2) counties, the regional services council must include at least the following members from the service region:
(1) Three (3) employees of the department, including the regional manager.
(2) One (1) juvenile court judge or judicial hearing officer.
(3) Two (2) members who are designees of a juvenile court judge.
(4) Two (2) family case manager supervisors.
(5) Two (2) family case managers.
(6) One (1) licensed foster parent.
(7) One (1) person from each category described in subsection (a)(7), (a)(8), and (a)(9).
(c) The director shall appoint the members of the regional services council with the exception of judges or judicial hearing officers and prosecuting attorneys or their respective designees.
(d) The members of the regional services council described in subsections (a)(2), (b)(2), and (b)(3) shall be selected by the juvenile court judge or judges in the service region.
(e) The member of the regional services council described in subsection (a)(8) shall be selected by the prosecuting attorneys in the counties comprising the service region.
(f) Each member of the regional services council shall serve at the pleasure of the member's appointing authority.
As added by P.L.146-2008, SEC.571.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 26. Child Services: Programs › Chapter 6. Regional Service Strategic Plans › 31-26-6-8. Organizational Meeting; Chairperson of Regional Services Council

Sec. 8. (a) The regional manager shall convene an organizational meeting of the members of a regional services council appointed under section 7 of this chapter.
(b) The regional manager shall serve as the chairperson of the council. The council shall select one (1) of its members as vice chairperson.
As added by P.L.146-2008, SEC.571.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 26. Child Services: Programs › Chapter 6. Regional Service Strategic Plans › 31-26-6-9. Review and Consideration of Certain Programs

Sec. 9. In preparing the plan under section 5 of this chapter, a regional services council shall review and consider existing publicly and privately funded programs that are available or that could be made available in the regional services council's service region to provide supportive services to or for the benefit of children described in section 5 of this chapter without removing the child from the family home, including programs funded through the following:
(1) Title IV-B of the Social Security Act (42 U.S.C. 621 et seq.).
(2) Title IV-E of the Social Security Act (42 U.S.C. 670 et seq.).
(3) Title XX of the Social Security Act (42 U.S.C. 1397 et seq.).
(4) The Child Abuse Prevention and Treatment Act (42 U.S.C. 5106 et seq.).
(5) Special education programs under IC 20-35-6-2.
(6) All programs designed to prevent child abuse, neglect, or delinquency, or to enhance child welfare and family preservation administered by, or through funding provided by, the department, prosecuting attorneys, or juvenile courts, including programs funded under IC 31-26-3.5 and IC 31-40.
As added by P.L.146-2008, SEC.571. Amended by P.L.128-2012, SEC.92; P.L.7-2015, SEC.53.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 26. Child Services: Programs › Chapter 6. Regional Service Strategic Plans › 31-26-6-10. Family Preservation Services

Sec. 10. A regional services council may include in its plan a program for provision of family preservation services that:
(1) is or will be in effect in the regional services council's service region;
(2) includes services for a child less than eighteen (18) years of age who reasonably may be expected to be considered for out-of-home placement under IC 31-34 or IC 31-37 as a result of:
(A) abuse or neglect;
(B) emotional disturbance; or
(C) delinquency adjudication; and
(3) addresses all the objectives of family preservation services.
As added by P.L.146-2008, SEC.571.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 26. Child Services: Programs › Chapter 6. Regional Service Strategic Plans › 31-26-6-11. Transmission of Plan by Regional Services Council; Action on Plan by Director of Department

Sec. 11. (a) Each regional services council shall transmit to the director each plan it develops and approves. The council shall transmit its biennial plan described in section 5 of this chapter to the director not later than February 2 of each even-numbered year.
(b) Not later than sixty (60) days after receiving the plan, the director of the department or the director's designee shall do one (1) of the following:
(1) Approve the plan as submitted by the council.
(2) Approve the plan with amendments, modifications, or revisions.
(3) Return the plan to the council with directions concerning:
(A) subjects for further study and reconsideration; and
(B) resubmission of a revised plan.
As added by P.L.146-2008, SEC.571.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 26. Child Services: Programs › Chapter 6. Regional Service Strategic Plans › 31-26-6-12. Quarterly Meetings; Additional Meetings; Quorum; Designation of Representative or Proxy; Application of Public Meetings Law

Sec. 12. (a) A regional services council shall meet at least quarterly to do the following:
(1) Develop, review, or revise a strategy for implementation of an approved plan that identifies:
(A) the manner in which prevention and early intervention services will be provided or improved;
(B) how local collaboration will improve children's services; and
(C) how different funds can be used to serve children and families more effectively.
(2) Reorganize as needed and select its vice chairperson for the ensuing year.
(3) Review the implementation of the plan and prepare revisions, additions, or updates of the plan that the regional services council considers necessary or appropriate to improve the quality and efficiency of early intervention child welfare services provided in accordance with the plan.
(b) The chairperson or vice chairperson of a regional services council may convene any additional meetings of the regional services council that are, in the chairperson's or vice chairperson's opinion, necessary or appropriate.
(c) A majority of the voting members of the regional services council appointed under section 7 of this chapter constitutes a quorum for the transaction of official business that includes taking final action (as defined in IC 5-14-1.5-2(g)). The regional services council may hold a meeting in the absence of a quorum to discuss any items of public business related to its responsibilities and functions as described in this chapter, without taking final action.
(d) A judicial officer or prosecuting attorney who is a member of the regional services council under section 7 of this chapter may designate in writing a person as the member's representative or proxy to attend any meeting of the council specified in the designation. Any designee under this subsection shall be a voting member of the council and be included for purposes of a quorum under subsection (c).
(e) Any department employee who is a member of the regional services council under section 7 of this chapter may designate in writing a person as the member's representative or proxy to attend any meeting of the council specified in the designation. Any designee under this subsection shall be a voting member of the council and be included for purposes of a quorum under subsection (c).
(f) All meetings of a regional services council under this chapter are subject to applicable provisions of IC 5-14-1.5.
As added by P.L.146-2008, SEC.571.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 26. Child Services: Programs › Chapter 6. Regional Service Strategic Plans › 31-26-6-14. Transmission of Plan, Annual Report, and Other Documents

Sec. 14. (a) A regional services council or the regional manager shall transmit copies of the plan, each annual report, each revised plan, and any other report or document described by rule adopted under section 16 of this chapter, to the following:
(1) The director.
(2) Each department office in the service region.
(3) Each juvenile court in the service region.
(4) The community child protection team established under IC 31-33-3-1 of each county that participates in the regional services council.
(5) Appropriate public or voluntary agencies, including organizations for the prevention of child abuse or neglect.
(b) A regional services council shall provide to the department a copy of each plan, annual report, or revised plan transmitted under subsection (a) to be posted to the department's Internet web site.
As added by P.L.146-2008, SEC.571. Amended by P.L.104-2015, SEC.19.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 26. Child Services: Programs › Chapter 6. Regional Service Strategic Plans › 31-26-6-15. Publicizing of Plan

Sec. 15. A regional services council shall publicize to residents of each county in the service region the existence and availability of the plan, including information concerning access to the plan on the department web site.
As added by P.L.146-2008, SEC.571.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 1. Applicability › 31-27-1-1. Application

Sec. 1. This article does not apply to the following:
(1) A child caring institution, foster family home, group home, or child placing agency licensed or operated by any of the following:
(A) Programs for children in kindergarten through grade 12 that are operated under the authority of the department of education or that are operated with the assistance of the department of education.
(B) The division of mental health and addiction.
(C) The Indiana department of health.
(D) The department of correction.
(2) A person who has received a child for adoption.
(3) A county jail or detention center.
As added by P.L.145-2006, SEC.273. Amended by P.L.56-2023, SEC.299.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 1. Applicability › 31-27-1-2. Legalization of Issuance of Certain Licenses

Sec. 2. Any license issued to a foster home, day care home, day care center, child caring institution, or children's home that:
(1) was issued before July 1, 1988, without the approval of the state board of health; and
(2) otherwise was issued in compliance with IC 12-3-2 (before its repeal, later codified at IC 12-17-4, before its repeal), as effective before July 1, 1988;
is legalized and validated.
As added by P.L.220-2011, SEC.507.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 2. General Powers and Duties of the Department › 31-27-2-1. Duties of Department of Child Services

Sec. 1. The department shall perform the following duties:
(1) Administer the licensing and monitoring of child caring institutions, foster family homes, group homes, and child placing agencies in accordance with this article.
(2) Ensure that a criminal history check of an applicant is conducted under IC 31-9-2-22.5 before issuing a license.
(3) Provide for the issuance, denial, and revocation of licenses.
(4) Cooperate with governing bodies of child caring institutions, foster family homes, group homes, and child placing agencies and their staffs to improve standards of child care.
(5) Prepare at least biannually a directory of licensees, except for foster family homes, with a description of the program capacity and type of children served that will be distributed to the legislature, licensees, and other interested parties as a public document.
(6) Deposit all license application fees collected under section 2 of this chapter 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.146-2006, SEC.26; P.L.1-2007, SEC.201; P.L.128-2012, SEC.93.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 2. General Powers and Duties of the Department › 31-27-2-2. Powers of Department

Sec. 2. The department may do the following:
(1) Prescribe forms for reports, statements, notices, and other documents required by this article or by the rules adopted under this article.
(2) Increase public awareness of this article and the rules adopted under this article by preparing and publishing manuals and guides explaining this article and the rules adopted under this article.
(3) Facilitate compliance with and enforcement of this article through the publication of materials under subdivision (2).
(4) Prepare reports and studies to advance the purpose of this article.
(5) Seek the advice and recommendations of state agencies whose information and knowledge would be of assistance in writing, revising, or monitoring rules developed under this article. These agencies, including the office of the attorney general, Indiana department of health, division of mental health and addiction, division of family resources, the state police department, and fire prevention and building safety commission, shall upon request supply necessary information to the department.
(6) Make the directory of licensees available to the public for a charge not to exceed the cost of reproducing the directory.
(7) Charge a reasonable processing fee for each license application and renewal as follows:
(A) For a child caring institution or group home license, a fee not to exceed three dollars ($3) for each licensed bed based on total licensed bed capacity not to exceed a maximum fee of one hundred fifty dollars ($150).
(B) For a child placing agency license, a fee not to exceed fifty dollars ($50).
(8) Exercise any other regulatory and administrative powers necessary to carry out the functions of the department.
As added by P.L.145-2006, SEC.273. Amended by P.L.128-2012, SEC.94; P.L.56-2023, SEC.300.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 2. General Powers and Duties of the Department › 31-27-2-4. Rules; Establishment of Standards

Sec. 4. (a) The department shall adopt rules under IC 4-22-2, including emergency rules under IC 4-22-2-37.1, concerning the licensing and inspection of:
(1) child caring institutions, foster family homes, group homes, and child placing agencies after consultation with the following:
(A) Indiana department of health.
(B) Fire prevention and building safety commission; and
(2) child caring institutions and group homes that are licensed for infants and toddlers after consultation with the division of family resources.
(b) The rules adopted under subsection (a) shall be applied by the department and state fire marshal in the licensing and inspection of applicants for a license and licensees under this article.
(c) The rules adopted under IC 4-22-2 must establish minimum standards for the care and treatment of children in a secure private facility.
(d) The rules described in subsection (c) must include standards governing the following:
(1) Admission criteria.
(2) General physical and environmental conditions.
(3) Services and programs to be provided to confined children.
(4) Procedures for ongoing monitoring and discharge planning.
(5) Procedures for the care and control of confined persons that are necessary to ensure the health, safety, and treatment of confined children.
(e) The department shall license a facility as a secure private facility if the facility:
(1) meets the minimum standards required under subsection (c);
(2) provides a continuum of care and services; and
(3) is licensed under IC 31-27-3.
(f) A waiver of the rules may not be granted for treatment and reporting requirements.
As added by P.L.145-2006, SEC.273. Amended by P.L.131-2009, SEC.35; P.L.162-2011, SEC.22; P.L.128-2012, SEC.95; P.L.56-2023, SEC.301.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 2. General Powers and Duties of the Department › 31-27-2-5. Monitoring of Licensed Entities

Sec. 5. (a) The department shall monitor the entities licensed under this article for continued compliance with this article and the rules adopted by the department, including conducting the following:
(1) Onsite inspections, record reading, observation, and interviewing.
(2) An onsite licensing study at least one (1) time a year in announced or unannounced visits.
(b) The department is entitled to access to the premises, personnel, children in care, and records, including case records, foster care records, personnel files, corporate and fiscal records, and board minutes of the licensee. Access shall also be provided to personnel from other state agencies or other persons who provide inspections at the request of the department.
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 2. General Powers and Duties of the Department › 31-27-2-6. Investigation of Complaints

Sec. 6. The department shall investigate complaints to determine possible noncompliance with the rules adopted by the department. A licensee is entitled to add comments concerning a complaint to the licensing file. The department shall consider all formal complaints against a licensee before a license may be renewed.
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 2. General Powers and Duties of the Department › 31-27-2-7. Child Caring Institutions and Group Homes Operated by Churches and Religious Ministries

Sec. 7. (a) Except as provided in subsections (b) and (c), the department shall exempt from licensure a child caring institution and a group home operated by a church or religious ministry that is a religious organization exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code (as defined in IC 6-3-1-11) and that does not:
(1) accept for care:
(A) a child who is a delinquent child under IC 31-37-1-1 or IC 31-37-2-1; or
(B) a child who is a child in need of services under IC 31-34-1-1 through IC 31-34-1-9; or
(2) operate a residential facility that provides child care on a twenty-four (24) hour basis for profit.
(b) The department shall adopt rules under IC 4-22-2 to govern the inspection of a child caring institution and a group home operated by a church or religious ministry with regard to sanitation.
(c) The fire prevention and building safety commission shall adopt rules under IC 4-22-2 to govern the inspection of a child caring institution and a group home operated by a church or religious ministry under this section. The rules must provide standards for fire alarms and fire drills.
(d) A child caring institution and a group home operated by a church or religious ministry under this section shall comply with the rules established by the department and the fire prevention and building safety commission under this section.
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 2. General Powers and Duties of the Department › 31-27-2-8. Granting of Variances and Waivers

Sec. 8. (a) Except as provided in subsection (f), the department may grant a variance or waiver of a rule governing child caring institutions, foster family homes, group homes, or child placing agencies. A variance or waiver granted under this section must promote statewide practices and must protect the rights of persons affected by this article.
(b) The department may grant a variance to a rule if an applicant for a license or a licensee under this article does the following:
(1) Submits to the department a written request for the variance in the form and manner specified by the department.
(2) Documents that compliance with an alternative method of compliance approved by the department will not be adverse to the health, safety, or welfare of a child receiving services from the applicant for the variance, as determined by the department.
(c) A variance granted under subsection (b) must be conditioned upon compliance with the alternative method approved by the department. Noncompliance constitutes the violation of a rule of the department and may be the basis for revoking the variance.
(d) The department may grant a waiver of a rule if an applicant for a license or a licensee under this article does the following:
(1) Submits to the department a written request for the waiver in the form and manner specified by the department.
(2) Documents that compliance with the rule specified in the application for the waiver will create an undue hardship on the applicant for the waiver, as determined by the department.
(3) Documents that the applicant for the waiver will be in substantial compliance with the rules adopted by the department after the waiver is granted, as determined by the department.
(4) Documents that noncompliance with the rule specified in the application for a waiver will not be adverse to the health, safety, or welfare of a child receiving services from the applicant for the waiver, as determined by the department.
(e) Except for a variance or waiver of a rule governing foster family homes, a variance or waiver of a rule under this section that conflicts with a building rule or fire safety rule adopted by the fire prevention and building safety commission is not effective until the variance or waiver is approved by the fire prevention and building safety commission.
(f) A waiver may not be granted for an applicant who has been convicted of a nonwaivable offense, as defined in IC 31-9-2-84.8.
As added by P.L.145-2006, SEC.273. Amended by P.L.183-2017, SEC.13.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 2. General Powers and Duties of the Department › 31-27-2-9. Expiration of Variances and Waivers

Sec. 9. A waiver or variance granted under section 8 of this chapter and a waiver or variance renewed under section 10 of this chapter expires on the earliest of the following:
(1) The date when the license affected by the waiver or variance expires.
(2) The date set by the department for the expiration of the waiver or variance.
(3) The occurrence of the event set by the department for the expiration of the waiver or variance.
(4) Four (4) years after the date that the waiver or variance becomes effective.
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 2. General Powers and Duties of the Department › 31-27-2-10. Renewal of Variances and Waivers

Sec. 10. (a) If the department determines that a waiver or variance expiring under section 9 of this chapter will continue to serve the public interest, the department may do the following:
(1) Renew the waiver or variance without modifications.
(2) Renew and modify the waiver or variance as needed to promote statewide practices and to protect the rights of persons affected by this chapter.
(b) Before taking an action under subsection (a), the department may require a licensee under this article to do the following:
(1) Apply for the renewal of a waiver or variance on the form specified by the department.
(2) Provide the information required by the department.
(c) Except for a variance or waiver of a rule governing foster family homes, before taking an action under subsection (a), the department must obtain the approval of the fire prevention and building safety commission for the action if either of the following occurs:
(1) The fire prevention and building safety commission substantially changes a building rule or fire safety rule affected by the waiver or variance after the date the commission last approved the waiver or variance.
(2) The department substantially modifies any part of a waiver or variance that conflicts with a building rule or fire safety rule adopted by the fire prevention and building safety commission.
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 2. General Powers and Duties of the Department › 31-27-2-11. Revocation of Variances and Waivers

Sec. 11. (a) If a licensee under this article violates a condition of a waiver or variance under this chapter, the department may issue an order revoking the waiver or variance before the waiver or variance expires under section 9 of this chapter.
(b) If a waiver or variance is revoked under subsection (a), the licensee is entitled to notice and an opportunity for a hearing as provided 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 2. General Powers and Duties of the Department › 31-27-2-12. Statement of Rights and Responsibilities of Foster Parent

Sec. 12. (a) The department shall, in collaboration with:
(1) current foster parents;
(2) child placing agencies; and
(3) other individuals and organizations with expertise in foster care services;
develop and update periodically a statement that describes the rights of a foster parent that must be known as the "foster parent bill of rights".
(b) The statement required by subsection (a) must summarize the rights and responsibilities of a foster parent who is providing care and supervision to a child in a foster family home.
(c) The statement required by subsection (a) must be:
(1) distributed to current and prospective foster parents; and
(2) made available on the department's Internet web site.
As added by P.L.13-2018, SEC.1.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 27. Child Services: Regulation of Residential Child Care › Chapter 2. General Powers and Duties of the Department › 31-27-2-13. Modification or Suspension of Medical Examination Requirement During Declared Disaster Emergency

Sec. 13. If the governor declares a state of disaster emergency under IC 10-14-3-12, the director of the department, or the director's designee, may modify or suspend enforcement of a statute or rule specifying a time within which a foster parent must provide for a child to be examined by a physician, physician assistant, or advanced practice registered nurse after the child's placement in the foster parent's home.
As added by P.L.214-2021, SEC.1. Amended by P.L.9-2022, SEC.64.
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 › 31-27-3-1. License Required for Operation

Sec. 1. (a) A person may not operate a child caring institution without a license issued under this article.
(b) The state or a political subdivision of the state may not operate a child caring institution or receive children for placement in a child caring institution without a license issued under this article.
(c) A person may not operate a child caring institution 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 3. Regulation of Child Caring Institutions › 31-27-3-2. Conditions for Issuance of License

Sec. 2. (a) A license may be issued only if the child caring institution is in substantial compliance with food, health, safety, and sanitation standards 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 child caring institution 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 under subsection (b).
(d) Except as provided in subsection (e), the department may not issue a license under this chapter unless the child caring institution is staffed by, when children are being cared for, at least one (1) child care provider who is annually certified in a program on pediatric cardiopulmonary resuscitation and pediatric airway obstruction under the American Heart Association's Basic Life Support Course D or any other comparable course approved by the department.
(e) The requirement under subsection (d) does not apply to a child caring institution that only serves children who are at least thirteen (13) years of age and less than twenty-one (21) years of age. However, a child caring institution that only serves children who are at least thirteen (13) years of age and less than twenty-one (21) years of age must have on duty, when children are being cared for, at least one (1) child care provider who is annually certified in a program on cardiopulmonary resuscitation as required by the department.
As added by P.L.145-2006, SEC.273.