Sec. 14.1. (a) The operator of a child care ministry that cares for children who are less than twelve (12) months of age shall:
(1) complete the training course provided or approved by the division under IC 12-17.2-2-1(10) concerning safe sleeping practices; and
(2) ensure that all caregivers of children who are less than twelve (12) months of age follow safe sleeping practices.
(b) If an operator of a child care ministry violates subsection (a), the division may do the following with respect to each violation determined during an inspection of the child care ministry:
(1) On the first inspection during which a violation is determined during a registration period, issue a formal warning letter stating the division's intent to take administrative action and impose a civil penalty for any future violation.
(2) On the second inspection during which a violation is determined during a registration period, impose a civil penalty of fifty dollars ($50) for each violation determined during the inspection.
(3) On the third inspection during which a violation is determined during a registration period, impose a civil penalty of seventy-five dollars ($75) for each violation determined during the inspection.
(4) On the fourth inspection during which a violation is determined during a registration period:
(A) suspend the child care ministry's registration for not more than six (6) months; and
(B) impose a civil penalty of one hundred dollars ($100) for each violation determined during the inspection.
(5) On the fifth inspection during which a violation is determined during a registration period:
(A) suspend or revoke the child care ministry's registration for one (1) year; and
(B) impose a civil penalty of two hundred fifty dollars ($250) for each violation determined during the inspection.
(c) The division shall send to the operator of a child care ministry written notice:
(1) of an action taken under subsection (b), specifying the reason for the action and amount of any monetary civil penalty; and
(2) that failure to pay any monetary civil penalty may result in revocation of the child care ministry's registration for not more than two (2) years.
(d) The division shall deposit all civil penalties collected under this section in the division of family resources child care fund established by IC 12-17.2-2-3.
(e) In addition to the actions described in subsection (b), the division may seek further disciplinary action provided for under this article, as determined by the director.
As added by P.L.53-2018, SEC.11.
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