Sec. 35. (a) A licensee must immediately contact the department if:
(1) a foster child less than sixteen (16) years of age, while living in a foster home, engages in or is the victim of sexual contact (as defined in IC 25-1-9-3.5);
(2) a foster child, while living in a foster home, is:
(A) charged with or adjudicated as having committed an act that would be a crime under IC 35-42-4 if committed by an adult;
(B) charged with or convicted of an offense under IC 35-42-4; or
(C) the victim of an offense under IC 35-42-4; or
(3) the licensee learns that a foster child has, before placement with the licensee, engaged in or been the victim of an act described in subdivision (1) or (2).
(b) The information provided to the department under subsection (a) must include:
(1) the name of the child;
(2) the date of the occurrence of the act if it can be determined;
(3) a description of the act;
(4) the name of the responding law enforcement agency if a law enforcement agency is contacted; and
(5) any other information the licensee determines is relevant.
(c) Notwithstanding any other law, the department shall provide information described in subsection (b)(1) through (b)(4), whether received from a licensee or another reliable source, to:
(1) a prospective licensee before the placement of the foster child with that licensee; and
(2) each licensee with whom the foster child has previously been placed.
(d) The notification requirements of subsection (c) apply to a foster child who has:
(1) engaged in sexual contact (as defined in IC 25-1-9-3.5) if the foster child is less than sixteen (16) years of age;
(2) been charged with or adjudicated as having committed an act that would be a crime under IC 35-42-4 if committed by an adult; or
(3) been charged with or convicted of an offense under IC 35-42-4.
As added by P.L.145-2006, SEC.273.
Structure Indiana Code
Title 31. Family Law and Juvenile Law
Article 27. Child Services: Regulation of Residential Child Care
Chapter 4. Regulation of Foster Homes
31-27-4-1. License Required to Operate Foster Family Home; Exception
31-27-4-2. Therapeutic Foster Home; Certificates; Requirements; Supervision and Care Limits
31-27-4-4. Consultation With Fire Prevention and Building Safety Commission
31-27-4-5. Apply for Licenses; Criminal History Checks
31-27-4-6. Grounds for Denial of License Applications; Waiver
31-27-4-6.5. "Disability"; Foster Family Home
31-27-4-7. Incomplete Applications
31-27-4-8. Supervision and Care Limits; Exceptions
31-27-4-10. Investigation of Applicants
31-27-4-11. Issuance of License
31-27-4-12. Eligibility for Waivers and Variances
31-27-4-13. Denial of License; Notice; Administrative Hearing Upon Written Request
31-27-4-14. Delegation of Investigations
31-27-4-15. Investigation of Unlicensed Premises
31-27-4-16. Duration of License; Limitations; Renewal
31-27-4-17. Probationary Status; Duration; Expiration; Extension
31-27-4-18. Inspection of Foster Family Homes
31-27-4-19. Records of Monitoring Activities and Inspections
31-27-4-20. Cooperation by Licensees
31-27-4-20.5. Use of Reasonable and Prudent Parent Standard
31-27-4-21. Records Regarding Children
31-27-4-22. Notice of Enforcement Actions; Informal Meetings
31-27-4-23. Administrative Hearings
31-27-4-24. Procedure for Administrative Hearings
31-27-4-29. Cessation of Operation Following Revocation of License
31-27-4-32. Grounds for Revocation of License; Waiver
31-27-4-33. Compliance With Rules; Disciplinary Sanctions; Revocation of License
31-27-4-34. Investigation of Unlicensed Home Reports; Enforcement