Sec. 14. (a) The division may grant a probationary license to a licensee who is temporarily unable to comply with a rule 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 division or the state fire marshal to correct the areas of noncompliance within the probationary period; and
(3) the division or state fire marshal approves the plan.
(b) A probationary license is valid for not more than six (6) months. The division may extend a probationary license for one (1) additional period of six (6) months.
(c) An existing license is invalidated when a probationary license is issued.
(d) At the expiration of the probationary license, the division shall reinstate the original license to the end of the original term of the license, issue a new license, or revoke the license.
(e) Upon receipt of a probationary license, the licensee shall return to the division the previously issued license.
(f) The division shall:
(1) upon issuing a probationary license under this section, provide written notice to the licensee that the division will provide the notice required under subdivision (2); and
(2) not more than seven (7) days after issuing a probationary license under this section, publish notice under IC 5-3-1 and provide written notice to the parent or guardian of each child enrolled in the child care center of the:
(A) issuance of the probationary license; and
(B) reason for the issuance of the probationary license.
As added by P.L.1-1993, SEC.141. Amended by P.L.241-2003, SEC.8.
Structure Indiana Code
Article 17.2. Day Care Regulation
Chapter 4. Regulation of Child Care Centers
12-17.2-4-1. Operation of Center Without Proper Licensure; Prohibition
12-17.2-4-2. Conditions for Licensing; Waivers and Variances
12-17.2-4-3. Applying for a License; National Criminal History Background Check
12-17.2-4-3.1. Maintenance of Electronic Mail Address
12-17.2-4-3.3. Meet Certain Requirements by July 1, 2014
12-17.2-4-4.1. Safe Sleeping Practices; Violations; Penalties
12-17.2-4-5. Grounds for Denial of License Applications
12-17.2-4-6. Incomplete Applications
12-17.2-4-7. Investigations of Applicants
12-17.2-4-8. Issuance of Licenses
12-17.2-4-9. Eligibility for Variances
12-17.2-4-10. Denial of Licenses
12-17.2-4-11. Investigation of Unlicensed Premises
12-17.2-4-12. Expiration, Transferability, Display, and Renewal of Licenses; Other Information
12-17.2-4-13. Provisional Licenses
12-17.2-4-14. Probationary Licenses
12-17.2-4-15.5. Licensure of Montessori Programs
12-17.2-4-16. Cooperation by Licensees
12-17.2-4-17. Unscheduled Visits by Parents and Guardians
12-17.2-4-17.5. Supervision of Children
12-17.2-4-18.5. Duties of Child Care Centers Regarding Missing Child Reports
12-17.2-4-18.7. Violations Posing Immediate Threat to Life or Well-Being of Child; Orders
12-17.2-4-19. Notice of Enforcement Actions; Informal Meetings
12-17.2-4-20. Administrative Hearings
12-17.2-4-21. Procedure for Administrative Hearings
12-17.2-4-22. Issuance of Decisions
12-17.2-4-23. Cessation of Operations Upon Suspension of License
12-17.2-4-24. Reinstatement of Suspended Licenses
12-17.2-4-25. Actions of Division Following Suspensions of Licenses
12-17.2-4-26. Cessation of Operations Upon Revocation of License
12-17.2-4-27. Notice of License Revocation or Suspension
12-17.2-4-30. Expiration of Injunctions for Operation Without a License
12-17.2-4-31. Expiration of Injunctions for Creation of Imminent Danger
12-17.2-4-32. Grounds for Revocation of Licenses
12-17.2-4-33. Disciplinary Sanctions
12-17.2-4-34. Civil Penalty for Violation of Article
12-17.2-4-35. Violations of Chapter
12-17.2-4-36. Investigation of Abuse or Neglect; Child Care Center