Sec. 4. (a) The department shall adopt rules under IC 4-22-2, including emergency rules under IC 4-22-2-37.1, concerning the licensing and inspection of:
(1) child caring institutions, foster family homes, group homes, and child placing agencies after consultation with the following:
(A) State department of health.
(B) Fire prevention and building safety commission; and
(2) child caring institutions and group homes that are licensed for infants and toddlers after consultation with the division of family resources.
(b) The rules adopted under subsection (a) shall be applied by the department and state fire marshal in the licensing and inspection of applicants for a license and licensees under this article.
(c) The rules adopted under IC 4-22-2 must establish minimum standards for the care and treatment of children in a secure private facility.
(d) The rules described in subsection (c) must include standards governing the following:
(1) Admission criteria.
(2) General physical and environmental conditions.
(3) Services and programs to be provided to confined children.
(4) Procedures for ongoing monitoring and discharge planning.
(5) Procedures for the care and control of confined persons that are necessary to ensure the health, safety, and treatment of confined children.
(e) The department shall license a facility as a secure private facility if the facility:
(1) meets the minimum standards required under subsection (c);
(2) provides a continuum of care and services; and
(3) is licensed under IC 31-27-3.
(f) A waiver of the rules may not be granted for treatment and reporting requirements.
As added by P.L.145-2006, SEC.273. Amended by P.L.131-2009, SEC.35; P.L.162-2011, SEC.22; P.L.128-2012, SEC.95.
Structure Indiana Code
Title 31. Family Law and Juvenile Law
Article 27. Child Services: Regulation of Residential Child Care
Chapter 2. General Powers and Duties of the Department
31-27-2-1. Duties of Department of Child Services
31-27-2-2. Powers of Department
31-27-2-3. Foster Family Home Application Fee Prohibition
31-27-2-4. Rules; Establishment of Standards
31-27-2-5. Monitoring of Licensed Entities
31-27-2-6. Investigation of Complaints
31-27-2-7. Child Caring Institutions and Group Homes Operated by Churches and Religious Ministries
31-27-2-8. Granting of Variances and Waivers
31-27-2-9. Expiration of Variances and Waivers
31-27-2-10. Renewal of Variances and Waivers
31-27-2-11. Revocation of Variances and Waivers
31-27-2-12. Statement of Rights and Responsibilities of Foster Parent