Sec. 14. (a) A child care ministry must do the following:
(1) Subject to subsection (c), require, at no expense to the state, an employee or volunteer who may be present on the premises of the child care ministry during operating hours of the child care ministry to submit fingerprints for a national criminal history background check by the Federal Bureau of Investigation.
(2) Report to the division any:
(A) police investigations;
(B) arrests; and
(C) criminal convictions;
of which the operator or director of the child care ministry is aware regarding an employee or volunteer described in subdivision (1).
(3) Refrain from employing, or allowing to serve as a volunteer, an individual who may be present on the premises of the child care ministry during operating hours of the child care ministry and who:
(A) has been convicted of 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) has been convicted of a misdemeanor related to the health or safety of a child;
(C) has been convicted of a misdemeanor under IC 12-17.2-4-35 for operating a child care center without a license, or of 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) has been convicted of a misdemeanor under IC 12-17.2-5-35 for operating a child care home without a license, or of 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; or
(E) is a person against whom an allegation of child abuse or neglect has been substantiated under IC 31-33, or under a substantially similar provision in another jurisdiction.
(b) A child care ministry shall require an individual described in subsection (a)(1) to apply for a national criminal history background check before the individual is employed or allowed to volunteer and every three (3) years thereafter that the individual is continuously employed or allowed to volunteer.
(c) A child care ministry that is registered under this chapter on July 1, 2013, shall, at no expense to the state, meet the requirements under subsection (a)(1) not later than July 1, 2014.
As added by P.L.1-1993, SEC.141. Amended by P.L.136-1993, SEC.22 and P.L.61-1993, SEC.12; P.L.124-2007, SEC.7; P.L.287-2013, SEC.16; P.L.158-2013, SEC.179; P.L.168-2014, SEC.28; P.L.121-2020, SEC.10.
Structure Indiana Code
Article 17.2. Day Care Regulation
Chapter 6. Regulation of Child Care Ministries
12-17.2-6-1. Licensure of Ministries
12-17.2-6-2. Operation of Unlicensed Ministries; Registration Application and Duration
12-17.2-6-2.1. Required Maintenance of Electronic Mail Address
12-17.2-6-3. Registration of Licensed Ministries
12-17.2-6-4. Applicant Inspection; Periodic Inspection of Registered Child Care Ministry
12-17.2-6-5. Rules for Fire Prevention and Inspection of Unlicensed Ministries
12-17.2-6-6. Inspection Notices for Unlicensed Ministries
12-17.2-6-7. Notice to Parents and Guardians by Unlicensed Ministries
12-17.2-6-7.5. Required Annual Certification
12-17.2-6-8. Liability for Injuries to Children
12-17.2-6-9. Loss of Exemption for Violation of Chapter
12-17.2-6-10. Advertising Requirements for Exempt Ministries
12-17.2-6-11. Immunization of Children
12-17.2-6-12. Registration Fees of Division
12-17.2-6-13. Registration Fees of Fire Marshal
12-17.2-6-14.1. Safe Sleeping Practices; Violations; Penalties
12-17.2-6-15. Unscheduled Visits by Parents and Guardians
12-17.2-6-16. Application Denial; Causes
12-17.2-6-17. Notice of Application Denial; Hearing
12-17.2-6-18. Incomplete Application
12-17.2-6-19. Revocation of Registration; Causes
12-17.2-6-20. Emergency or Temporary Order Requiring Cessation of Operation
12-17.2-6-21. Enforcement Actions
12-17.2-6-22. Notice of Enforcement Action
12-17.2-6-24. Hearing Procedure
12-17.2-6-25. Issuance of Enforcement Decision
12-17.2-6-26. Suspension of Registration; Cessation of Operation
12-17.2-6-27. Reinstatement of Suspended Registration; Corrective Action
12-17.2-6-28. Actions Following Suspension of Registration
12-17.2-6-29. Revocation of Registration; Cessation of Operation