Sec. 32. (a) The following constitute sufficient grounds for revocation of a license:
(1) A determination by the department of child services of child abuse or neglect (as defined in IC 31-9-2-14) by:
(A) the licensee;
(B) a member of the licensee's household;
(C) an employee of the licensee who may be present on the premises of the child care home during operating hours of the child care home; or
(D) a volunteer of the licensee who may be present on the premises of the child care home during operating hours of the child care home.
(2) A criminal conviction of the licensee, an employee or volunteer of the licensee who may be present on the premises of the child care home during operating hours of the child care home, or a member of the licensee's household of any of the following:
(A) A felony:
(i) related to the health or safety of a child;
(ii) that is a sex offense (as defined in IC 11-8-8-5.2);
(iii) that is a dangerous felony; or
(iv) that is not a felony otherwise described in items (i) through (iii), and less than ten (10) years have elapsed from the date the person was discharged from probation, imprisonment, or parole, whichever discharge date is latest.
(B) A misdemeanor related to the health or safety of a child.
(C) A misdemeanor for operating a child care center without a license under IC 12-17.2-4-35, or a substantially similar offense committed in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child.
(D) A misdemeanor for operating a child care home without a license under section 35 of this chapter, or a substantially similar offense committed in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child.
(3) A determination by the division that the licensee made false statements in the licensee's application for licensure.
(4) A determination by the division that the licensee made false statements in the records required by the division.
(5) A determination by the division that the licensee previously operated a:
(A) child care center without a license under IC 12-17.2-4; or
(B) child care home without a license under this chapter.
(b) Notwithstanding subsection (a)(2), if:
(1) a license is revoked due to a criminal conviction of:
(A) an employee or a volunteer of the licensee's; or
(B) a resident of the licensee's household; and
(2) the division determines that the:
(A) employee or volunteer has been dismissed by the licensee; or
(B) member of the licensee's household is no longer a member of the licensee's household;
the criminal conviction of the former employee, former volunteer, or former member does not require revocation of a license.
As added by P.L.1-1993, SEC.141. Amended by P.L.136-1993, SEC.20; P.L.1-1997, SEC.71; P.L.109-2002, SEC.12; P.L.146-2006, SEC.8; P.L.124-2007, SEC.6; P.L.287-2013, SEC.15; P.L.121-2020, SEC.9; P.L.74-2022, SEC.13.
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