Indiana Code
Chapter 6. Regulation of Child Placing Agencies
31-27-6-3. Grounds for Denial of License Application; Waiver

Sec. 3. (a) The following constitute sufficient grounds for denial of a license application:
(1) A determination by the department of child abuse or neglect by:
(A) the applicant; or
(B) an employee, volunteer, or contractor of the applicant.
(2) A criminal conviction of the applicant, or the director or manager of a facility where children will be placed by the licensee, for any of the following:
(A) A felony.
(B) A misdemeanor related to the health and safety of a child.
(C) A misdemeanor for operating a child caring institution, foster family home, group home, or child placing agency without a license under this article (or IC 12-17.4 before its repeal).
(D) A misdemeanor for operating a child care center or child care home without a license under IC 12-17.2.
(3) A determination by the department that the applicant made false statements in the applicant's application for licensure.
(4) A determination by the department that the applicant made false statements in the records required by the department.
(5) A determination by the department that:
(A) the applicant; or
(B) an employee, volunteer, or contractor of the applicant;
previously operated a home or facility without a license required under any applicable provision of this article (or IC 12-17.4 before its repeal) or IC 12-17.2.
(6) A juvenile adjudication of the applicant for a nonwaivable offense, as defined in IC 31-9-2-84.8 that, if committed by an adult, would be a felony.
(b) An application for a license may also be denied if an employee, volunteer, or contractor of the applicant has had any of the following:
(1) A conviction of a nonwaivable offense, as defined in IC 31-9-2-84.8.
(2) A conviction of any other felony or a misdemeanor relating to the health and safety of a child, unless the applicant is granted a waiver by the department with regard to the employee, volunteer, or contractor.
(3) A juvenile adjudication for a nonwaivable offense, as defined in IC 31-9-2-84.8 that, if committed by an adult, would be a felony, unless the applicant is granted a waiver by the department with regard to the employee, volunteer, or contractor.
(c) In determining whether to grant a waiver under subsection (b), the department shall consider the following factors:
(1) The length of time that has passed since the disqualifying conviction.
(2) The severity, nature, and circumstances of the offense.
(3) Evidence of rehabilitation.
(4) The duties and qualifications required for the proposed employment positions, volunteer assignment, or contract.
(d) Notwithstanding subsection (a) or (b), if:
(1) a license application could be denied due to a criminal conviction of, or a determination of child abuse or neglect by, an employee, volunteer, or contractor of the applicant; and
(2) the department determines that the employee, volunteer, or contractor has been dismissed by the applicant within a reasonable time after the applicant became aware of the conviction or determination;
the criminal conviction of, or determination of child abuse or neglect by, the former employee, former volunteer, or former contractor does not constitute a sufficient basis for the denial of a license application.
(e) The department may adopt rules to implement this section.
As added by P.L.145-2006, SEC.273. Amended by P.L.138-2007, SEC.61; P.L.162-2011, SEC.38; P.L.128-2012, SEC.130; P.L.183-2017, SEC.26; P.L.243-2019, SEC.14.

Structure Indiana Code

Indiana Code

Title 31. Family Law and Juvenile Law

Article 27. Child Services: Regulation of Residential Child Care

Chapter 6. Regulation of Child Placing Agencies

31-27-6-1. Operation of a Child Placing Agency

31-27-6-2. Application for License; Criminal History Checks

31-27-6-3. Grounds for Denial of License Application; Waiver

31-27-6-4. Incomplete Applications

31-27-6-5. Investigation of Applicants

31-27-6-6. Issuance of License

31-27-6-7. Eligibility for Waivers and Variances

31-27-6-8. Denial of License

31-27-6-9. Investigation of Unlicensed Premises

31-27-6-10. Duration of License; Limitations; Renewal

31-27-6-11. Probationary Status; Duration; Expiration; Extension

31-27-6-12. Inspections of Agencies

31-27-6-13. Records of Monitoring Activities and Inspections

31-27-6-14. Cooperation by Licensees

31-27-6-14.5. Use of Reasonable and Prudent Parent Standard

31-27-6-15. Records Regarding Children

31-27-6-16. Notice of Enforcement Actions

31-27-6-17. Administrative Hearings

31-27-6-18. Procedure for Administrative Hearings

31-27-6-19. Repealed

31-27-6-20. Repealed

31-27-6-21. Repealed

31-27-6-22. Repealed

31-27-6-23. Cessation of Operation Upon Revocation of License

31-27-6-24. Notice

31-27-6-25. Repealed

31-27-6-26. Investigation of Noncompliance; Injunctions; Corrective Action Plans; Informal Meetings

31-27-6-27. Expiration of Injunctions for Noncompliance

31-27-6-28. Grounds for Revocation of License; Waiver

31-27-6-29. Compliance With Rules; Disciplinary Sanctions; Revocation of License

31-27-6-30. Investigation of Unlicensed Operation; Injunctions; Civil Penalties

31-27-6-31. Expiration of Injunctions for Unlicensed Operation

31-27-6-32. Violations of Chapter