Sec. 29. (a) The division shall investigate a report of an unlicensed child care home and report the division's findings to the attorney general and to the division's attorney and the prosecuting attorney in the county where the child care home is located.
(b) The attorney general or the county department of public welfare attorney 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 care home if there is reasonable cause to believe that:
(A) the child care home is operating without a license required under this article; or
(B) a licensee's noncompliance with this article and the rules adopted under this article creates an imminent danger of serious bodily injury to a child or an imminent danger to the health of a child.
(3) Seek in a civil action a civil penalty not to exceed one hundred dollars ($100) a day for each day a child care home is operating without a license required under this article.
(c) The division may provide for the removal of children from child care homes described in subsection (b).
(d) An opportunity for an informal meeting with the division shall be available after the injunctive relief is ordered.
(e) The civil penalties collected under this section shall be deposited in the division of family resources child care fund established by IC 12-17.2-2-3.
(f) Section 34 of this chapter does not apply to the civil penalties imposed under this section.
As added by P.L.1-1993, SEC.141. Amended by P.L.145-2006, SEC.102; P.L.1-2007, SEC.124.
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