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 to correct the areas of noncompliance within the probationary period; and
(3) the division 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 home 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.15.
Structure Indiana Code
Article 17.2. Day Care Regulation
Chapter 5. Regulation of Child Care Homes
12-17.2-5-0.1. Application of Certain Amendments to Chapter
12-17.2-5-1. Operation of Home Without Proper Licensure; Prohibition
12-17.2-5-2. Consultation With Fire Prevention and Building Safety Commission
12-17.2-5-3. Applying for Licenses; National Criminal History Background Check
12-17.2-5-3.1. Maintenance of Electronic Mail Address
12-17.2-5-3.3. Meet Certain Requirements by July 1, 2014
12-17.2-5-3.7. Safe Sleeping Practices; Violations; Penalties
12-17.2-5-4. Grounds for Denial of License Applications
12-17.2-5-5. Incomplete Applications
12-17.2-5-6. Investigation of Applicants
12-17.2-5-6.3. Class I Child Care Home
12-17.2-5-6.5. Qualification for Licensure of Class Ii Child Care Home
12-17.2-5-7. Issuance of Licenses
12-17.2-5-8. Eligibility for Waivers and Variances
12-17.2-5-9. Denial of Licenses
12-17.2-5-11. Investigation of Unlicensed Premises
12-17.2-5-12. Expiration, Transferability, Display, and Renewal of Licenses; Other Information
12-17.2-5-13. Provisional Licenses
12-17.2-5-14. Probationary Licenses
12-17.2-5-16. Cooperation by Licensees
12-17.2-5-17. Unscheduled Visits by Parents and Guardians
12-17.2-5-17.5. Supervision of Children
12-17.2-5-18.2. Certifications Required
12-17.2-5-18.6. Duties of Child Care Home Regarding Missing Child Reports
12-17.2-5-18.7. Violations Posing Immediate Threat to Life or Well-Being of Child; Orders
12-17.2-5-19. Notice of Enforcement Actions; Informal Meetings
12-17.2-5-20. Administrative Hearings
12-17.2-5-21. Procedure for Administrative Hearings
12-17.2-5-22. Issuance of Decisions
12-17.2-5-23. Cessation of Operations Upon Suspension of License
12-17.2-5-24. Reinstatement of Suspended Licenses
12-17.2-5-25. Actions of Division Following Suspensions of Licenses
12-17.2-5-26. Cessation of Operations Upon Revocation of License
12-17.2-5-27. Notice of License Revocation or Suspension
12-17.2-5-30. Expiration of Injunctions for Operation Without a License
12-17.2-5-31. Expiration of Injunctions for Creation of Imminent Danger
12-17.2-5-32. Grounds for Revocation of Licenses
12-17.2-5-33. Disciplinary Sanctions
12-17.2-5-34. Civil Penalty for Violation of Article
12-17.2-5-35. Violations of Chapter
12-17.2-5-36. Prohibition of Care Home Classification for E Building Occupancy
12-17.2-5-37. Investigation of Abuse or Neglect; Child Care Home