Indiana 2022 Regular Session

Indiana House Bill HB1222 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	HB1222.1
	2	+	January 13, 2022
	3	+	HOUSE BILL No. 1222
	4	+	_____
	5	+	DIGEST OF HB 1222 (Updated January 13, 2022 10:56 am - DI 119)
	6	+	Citations Affected: IC 12-7; IC 12-9; IC 12-11; IC 12-12.5; IC 12-13;
	7	+	IC 12-17.2; IC 12-21; IC 35-36.
	8	+	Synopsis: Various FSSA matters. Allows the family and social
	9	+	services administration to deny or revoke licensing for a child care
	10	+	home based on a household member's conviction for certain specified
	11	+	criminal offenses. Removes a limitation specifying that an occupancy
	12	+	provision regarding school-age children in class I child care homes
	13	+	applies only during the school year. Eliminates the bureau of quality
	14	+	improvement services and reassigns the bureau's responsibilities to the
	15	+	bureau of developmental disabilities services. Renames the bureau of
	16	+	child care as the office of early childhood and out of school learning.
	17	+	Amends the required composition of mobile crisis teams that provide
	18	+	behavioral health services in conjunction with the 9-8-8 suicide
	19	+	prevention hotline. Provides that a contract entered into with a third
	20	+	party by the division of mental health and addiction (division) for
	21	+	provision of competency restoration services to a defendant may confer
	22	+	to the third party all authority the division would have in providing the
	23	+	services to the defendant at a state psychiatric institution. Makes
	24	+	conforming amendments.
	25	+	Effective: July 1, 2022.
	26	+	Ziemke, DeVon, Olthoff, Jackson
	27	+	January 6, 2022, read first time and referred to Committee on Family, Children and Human
	28	+	Affairs.
	29	+	January 13, 2022, amended, reported — Do Pass.
	30	+	HB 1222—LS 7185/DI 148 January 13, 2022
1	31		Second Regular Session of the 122nd General Assembly (2022)
2	32		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	33		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	34		additions will appear in this style type, and deletions will appear in this style type.
5	35		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	36		provision adopted), the text of the new provision will appear in this style type. Also, the
7	37		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	38		a new provision to the Indiana Code or the Indiana Constitution.
9	39		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	40		between statutes enacted by the 2021 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1222
12		-	AN ACT to amend the Indiana Code concerning human services.
	41	+	HOUSE BILL No. 1222
	42	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	43	+	human services.
13	44		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 12-7-2-24, AS AMENDED BY P.L.1-2007,
15		-	SECTION 104, IS AMENDED TO READ AS FOLLOWS
16		-	[EFFECTIVE JULY 1, 2022]: Sec. 24. "Bureau" means the following:
17		-	(1) For purposes of IC 12-10, the bureau of aging and in-home
18		-	services established by IC 12-10-1-1.
19		-	(2) For purposes of IC 12-11, the bureau of developmental
20		-	disabilities services established by IC 12-11-1.1-1.
21		-	(3) For purposes of IC 12-12, the rehabilitation services bureau of
22		-	the division of disability and rehabilitative services established by
23		-	IC 12-12-1-1.
24		-	(4) For purposes of IC 12-12.5, the bureau of quality
25		-	improvement services established by IC 12-12.5-1-1.
26		-	SECTION 2. IC 12-7-2-33.7, AS AMENDED BY P.L.197-2011,
27		-	SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28		-	JULY 1, 2022]: Sec. 33.7. (a) As used in this chapter, "class I child
29		-	care home" means a child care home that serves any combination of
30		-	full-time and part-time children, not to exceed at any one (1) time
31		-	twelve (12) children plus three (3) children during the school year only
32		-	who are enrolled in at least full-day kindergarten. Except as provided
33		-	in IC 12-17.2-5-6.3(b), the addition of three (3) school age children
34		-	may not occur during a break in the school year that exceeds four (4)
35		-	weeks.
36		-	HEA 1222 — Concur 2
37		-	(b) A child:
38		-	(1) for whom a provider of care in the child care home is a parent,
39		-	stepparent, guardian, custodian, or other relative and who is at
40		-	least seven (7) years of age; or
41		-	(2) who is at least fourteen (14) years of age and does not require
42		-	child care;
43		-	shall not be counted in determining whether the child care home is
44		-	within the limit set forth in subsection (a).
45		-	SECTION 3. IC 12-7-2-69, AS AMENDED BY P.L.85-2017,
46		-	SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
47		-	JULY 1, 2022]: Sec. 69. (a) "Division", except as provided in
48		-	subsections (b) and (c), refers to any of the following:
49		-	(1) The division of disability and rehabilitative services
50		-	established by IC 12-9-1-1.
51		-	(2) The division of aging established by IC 12-9.1-1-1.
52		-	(3) The division of family resources established by IC 12-13-1-1.
53		-	(4) The division of mental health and addiction established by
54		-	IC 12-21-1-1.
55		-	(b) The term refers to the following:
56		-	(1) For purposes of the following statutes, the division of
57		-	disability and rehabilitative services established by IC 12-9-1-1:
58		-	(A) IC 12-9.
59		-	(B) IC 12-11.
60		-	(C) IC 12-12.
61		-	(D) IC 12-12.5.
62		-	(E) (D) IC 12-12.7.
63		-	(F) (E) IC 12-28-5.
64		-	(2) For purposes of the following statutes, the division of aging
65		-	established by IC 12-9.1-1-1:
66		-	(A) IC 12-9.1.
67		-	(B) IC 12-10.
68		-	(C) IC 12-10.5.
69		-	(3) For purposes of the following statutes, the division of family
70		-	resources established by IC 12-13-1-1:
71		-	(A) IC 12-13.
72		-	(B) IC 12-14.
73		-	(C) IC 12-15.
74		-	(D) IC 12-16.
75		-	(E) IC 12-17.2.
76		-	(F) IC 12-18.
77		-	(G) IC 12-19.
78		-	(H) IC 12-20.
79		-	HEA 1222 — Concur 3
80		-	(4) For purposes of the following statutes, the division of mental
81		-	health and addiction established by IC 12-21-1-1:
82		-	(A) IC 12-21.
83		-	(B) IC 12-22.
84		-	(C) IC 12-23.
85		-	(D) IC 12-25.
86		-	(c) With respect to a particular state institution, the term refers to
87		-	the division whose director has administrative control of and
88		-	responsibility for the state institution.
89		-	(d) For purposes of IC 12-24, IC 12-26, and IC 12-27, the term
90		-	refers to the division whose director has administrative control of and
91		-	responsibility for the appropriate state institution.
92		-	SECTION 4. IC 12-9-1-3, AS AMENDED BY P.L.210-2015,
93		-	SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
94		-	JULY 1, 2022]: Sec. 3. The division consists of the following bureaus:
95		-	(1) The rehabilitation services bureau established by
96		-	IC 12-12-1-1.
97		-	(2) The bureau of developmental disabilities services established
98		-	by IC 12-11-1.1-1.
99		-	(3) The bureau of quality improvement services established by
100		-	IC 12-12.5-1-1.
101		-	(4) (3) The bureau of child development services established by
102		-	IC 12-12.7-1-1.
103		-	SECTION 5. IC 12-9-5-3, AS AMENDED BY P.L.1-2007,
104		-	SECTION 116, IS AMENDED TO READ AS FOLLOWS
105		-	[EFFECTIVE JULY 1, 2022]: Sec. 3. The division shall administer the
106		-	following programs:
107		-	(1) Programs established under any of the following statutes:
108		-	(A) This article.
109		-	(B) IC 12-11.
110		-	(C) IC 12-12.
111		-	(D) IC 12-12.5.
112		-	(E) (D) IC 12-12.7.
113		-	(2) Programs under the following statutes, to the extent the
114		-	division has responsibilities for programs under those statutes:
115		-	(A) IC 12-24.
116		-	(B) IC 12-26.
117		-	(C) IC 12-27.
118		-	(D) IC 12-28.
119		-	(E) IC 12-29.
120		-	(3) Supported employment for a person with developmental
121		-	disabilities.
122		-	HEA 1222 — Concur 4
123		-	(4) Epilepsy service centers program.
124		-	(5) Epilepsy clinic program.
125		-	(6) Medicaid waivers for in-home services for treatment of
126		-	developmental disabilities.
127		-	SECTION 6. IC 12-11-1.1-1, AS AMENDED BY P.L.210-2015,
128		-	SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
129		-	JULY 1, 2022]: Sec. 1. (a) The bureau of developmental disabilities
130		-	services is established within the division.
131		-	(b) The bureau shall plan, coordinate, and administer the provision
132		-	of individualized, integrated community based services for individuals
133		-	with a developmental disability and their families, within the limits of
134		-	available resources. The planning and delivery of services must be
135		-	based on future plans of the individual with a developmental disability
136		-	rather than on traditional determinations of eligibility for discrete
137		-	services, with an emphasis on the preferences of the individual with a
138		-	developmental disability and that individual's family.
139		-	(c) Services for individuals with a developmental disability must be
140		-	services that meet the following conditions:
141		-	(1) Are provided under public supervision.
142		-	(2) Are designed to meet the developmental needs of individuals
143		-	with a developmental disability.
144		-	(3) Meet all required state and federal standards.
145		-	(4) Are provided by qualified personnel.
146		-	(5) To the extent appropriate, are provided in home and
147		-	community based settings in which individuals without
148		-	disabilities participate.
149		-	(6) Are provided in conformity with a service plan developed
150		-	under IC 12-11-2.1-2.
151		-	(d) The bureau shall approve entities to provide community based
152		-	services and supports as follows:
153		-	(1) Beginning July 1, 2011, the bureau shall ensure that an entity
154		-	approved to provide day services, identified day habilitation,
155		-	including facility based or community based habilitation,
156		-	prevocational services, or employment services under home and
157		-	community based services waivers is accredited by an approved
158		-	national accrediting body described in subsection (j).
159		-	(2) Beginning July 1, 2012, the bureau shall ensure that an entity
160		-	approved to provide residential habilitation and support services
161		-	under home and community based services waivers is accredited
162		-	by an approved national accrediting body. However, if an entity
163		-	is accredited to provide home and community based services
164		-	under subdivision (1) other than residential habilitation and
165		-	HEA 1222 — Concur 5
166		-	support services, the bureau may extend the time that the entity
167		-	has to comply with this subdivision until the earlier of the
168		-	following:
169		-	(A) The completion of the entity's next scheduled accreditation
170		-	survey.
171		-	(B) July 1, 2015.
172		-	(e) Subject to subsection (k), the bureau shall initially approve,
173		-	reapprove, and monitor community based residential, habilitation, and
174		-	employment service providers that provide alternatives to placement of
175		-	individuals with a developmental disability in state institutions and
176		-	health facilities licensed under IC 16-28 for individuals with a
177		-	developmental disability. The services must simulate, to the extent
178		-	feasible, patterns and conditions of everyday life that are as close as
179		-	possible to the conditions in which individuals without disabilities
180		-	participate. The community based service categories include the
181		-	following:
182		-	(1) Supervised group living programs, which serve at least four
183		-	(4) individuals and not more than eight (8) individuals, are funded
184		-	by Medicaid, and are licensed by the division.
185		-	(2) Supported living service arrangements to meet the unique
186		-	needs of individuals in integrated settings. Supported living
187		-	service arrangements providing residential services may not serve
188		-	more than four (4) unrelated individuals in any one (1) setting.
189		-	However, a program that:
190		-	(A) is in existence on January 1, 2013, as a supervised group
191		-	living program described in subdivision (1); and
192		-	(B) has more than four (4) individuals residing as part of the
193		-	program;
194		-	may convert to a supported living service arrangement under this
195		-	subdivision and continue to provide services to up to the same
196		-	number of individuals in the supported living setting.
197		-	(f) To the extent that services described in subsection (e) are
198		-	available and meet the individual's needs, an individual is entitled to
199		-	receive services in the least restrictive environment possible.
200		-	(g) Community based services under subsection (e)(1) or (e)(2)
201		-	must consider the needs of and provide choices and options for:
202		-	(1) individuals with a developmental disability; and
203		-	(2) families of individuals with a developmental disability.
204		-	(h) The bureau shall administer a system of service coordination to
205		-	carry out this chapter.
206		-	(i) The bureau may issue orders under IC 4-21.5-3-6 against a
207		-	provider that violates rules issued by the bureau for programs in which
208		-	HEA 1222 — Concur 6
209		-	the provider is providing services in accordance with section 11 of this
210		-	chapter.
211		-	(j) For purposes of subsections (d) and (k), "approved national
212		-	accrediting body" means any of the following:
213		-	(1) The Commission on Accreditation of Rehabilitation Facilities
214		-	(CARF), or its successor.
215		-	(2) The Council on Quality and Leadership In Supports for People
216		-	with Disabilities, or its successor.
217		-	(3) The Joint Commission on Accreditation of Healthcare
218		-	Organizations (JCAHO), or its successor.
219		-	(4) The ISO-9001 human services QA system.
220		-	(5) The Council on Accreditation, or its successor.
221		-	(6) An independent national accreditation organization approved
222		-	by the secretary.
223		-	(k) An entity that is accredited by an approved national accrediting
224		-	body is not subject to reapproval surveys or routine monitoring surveys
225		-	by the division or bureau, or bureau of quality improvement services,
226		-	including any reapproval survey under a home and community based
227		-	services waiver. However, the bureau may perform validation surveys
228		-	and complaint investigations of an entity accredited by an approved
229		-	national accrediting body.
230		-	(l) The bureau shall monitor services provided by the following:
231		-	(1) An entity that provides services to an individual with funds
232		-	provided by the bureau or under the authority of the bureau.
233		-	(2) An entity that has entered into a provider agreement
234		-	under IC 12-15-11 to provide Medicaid in-home waiver
235		-	services.
236		-	(m) The bureau shall establish and administer a complaint
237		-	process for the following:
238		-	(1) An individual who receives services from an entity with
239		-	funds provided through the bureau or under the authority of
240		-	the bureau.
241		-	(2) An entity that has entered into a provider agreement
242		-	under IC 12-15-11 to provide Medicaid in-home waiver
243		-	services.
244		-	SECTION 7. IC 12-12.5 IS REPEALED [EFFECTIVE JULY 1,
245		-	2022]. (QUALITY IMPROVEMENT SERVICES).
246		-	SECTION 8. IC 12-13-6-1, AS AMENDED BY P.L.210-2015,
247		-	SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
248		-	JULY 1, 2022]: Sec. 1. The following bureaus are established within
249		-	the division:
250		-	(1) A bureau of child care. An office of early childhood and out
251		-	HEA 1222 — Concur 7
252		-	of school learning.
253		-	(2) A bureau of economic independence.
254		-	SECTION 9. IC 12-15-1.3-24 IS ADDED TO THE INDIANA
255		-	CODE AS NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
256		-	JULY 1, 2022]: Sec. 24. (a) Notwithstanding any other law, the
257		-	secretary, through the office, may apply to the United States
258		-	Department of Health and Human Services for a Medicaid waiver
259		-	to provide Medicaid reimbursement by:
260		-	(1) the office; or
261		-	(2) a contractor of the office;
262		-	for eligible services provided by qualified medical personnel (as
263		-	defined in IC 11-10-3-1) to provide behavioral health services to a
264		-	committed offender held by the department of correction if the
265		-	secretary determines that the waiver is necessary to claim any
266		-	enhanced federal matching funds available for the Medicaid
267		-	program or programs funded through Medicaid.
268		-	(b) Nothing in this section obligates the secretary to apply for a
269		-	waiver under this section.
270		-	(c) If the United States Centers for Medicare and Medicaid
271		-	Services determines that a waiver similar to the waiver described
272		-	in subsection (a) is no longer available to the state, this section is
273		-	void.
274		-	SECTION 10. IC 12-17.2-5-4, AS AMENDED BY P.L.156-2020,
275		-	SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
276		-	JULY 1, 2022]: Sec. 4. (a) The following constitute sufficient grounds
277		-	for a denial of a license application:
278		-	(1) A determination by the department of child services
279		-	established by IC 31-25-1-1 of child abuse or neglect (as defined
280		-	in IC 31-9-2-14) by:
281		-	(A) the applicant;
282		-	(B) a member of the applicant's household;
283		-	(C) an employee of the applicant who may be present on the
284		-	premises of the child care home during operating hours of the
285		-	child care home; or
286		-	(D) a volunteer of the applicant who may be present on the
287		-	premises of the child care home during operating hours of the
288		-	child care home.
289		-	(2) A criminal conviction of the applicant, or an employee or
290		-	volunteer of the applicant who may be present on the premises of
291		-	the child care home during operating hours of the child care
292		-	home, or a member of the applicant's household, of any of the
293		-	following:
294		-	HEA 1222 — Concur 8
295		-	(A) A felony:
296		-	(i) related to the health or safety of a child;
297		-	(ii) that is a sex offense (as defined in IC 11-8-8-5.2);
298		-	(iii) that is a dangerous felony; or
299		-	(iv) that is not a felony otherwise described in items (i)
300		-	through (iii), and less than ten (10) years have elapsed from
301		-	the date the person was discharged from probation,
302		-	imprisonment, or parole, whichever discharge date is latest.
303		-	(B) A misdemeanor related to the health or safety of a child.
304		-	(C) A misdemeanor for operating a child care center without
305		-	a license under IC 12-17.2-4-35, or a substantially similar
306		-	offense committed in another jurisdiction if the offense is
307		-	directly or indirectly related to jeopardizing the health or
308		-	safety of a child.
309		-	(D) A misdemeanor for operating a child care home without a
310		-	license under section 35 of this chapter, or a substantially
311		-	similar offense committed in another jurisdiction if the offense
312		-	is directly or indirectly related to jeopardizing the health or
313		-	safety of a child.
314		-	(3) A determination by the division that the applicant made false
315		-	statements in the applicant's application for licensure.
316		-	(4) A determination by the division that the applicant made false
317		-	statements in the records required by the division.
318		-	(5) A determination by the division that the applicant previously
319		-	operated a:
320		-	(A) child care center without a license under IC 12-17.2-4; or
321		-	(B) child care home without a license under this chapter.
322		-	(b) Notwithstanding subsection (a)(2), if:
323		-	(1) a license application is denied due to a criminal conviction of:
324		-	(A) an employee or a volunteer of the applicant; or
325		-	(B) a member of the applicant's household; and
326		-	(2) the division determines that the:
327		-	(A) employee or volunteer has been dismissed by the
328		-	applicant; or
329		-	(B) member of the applicant's household is no longer a
330		-	member of the applicant's household;
331		-	the criminal conviction of the former employee, former volunteer, or
332		-	former member does not require denial of a license application.
333		-	SECTION 11. IC 12-17.2-5-6.3, AS AMENDED BY P.L.162-2005,
334		-	SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
335		-	JULY 1, 2022]: Sec. 6.3. (a) To qualify for a license to operate a class
336		-	I child care home under this chapter, a person must do the following:
337		-	HEA 1222 — Concur 9
338		-	(1) Provide documentation to the division that the licensee has
339		-	received a high school diploma or a high school equivalency
340		-	certificate as described in IC 12-14-5-2.
341		-	(2) Provide documentation to the division that the licensee:
342		-	(A) has completed;
343		-	(B) is enrolled in; or
344		-	(C) agrees to complete within the next three (3) years;
345		-	a child development associate credential program or a similar
346		-	program approved by the division.
347		-	(3) Complete the training course taught or approved by the
348		-	division concerning safe sleeping practices for a child within the
349		-	person's care as described in IC 12-17.2-2-1(10).
350		-	The division may grant a waiver or variance of the requirement under
351		-	subdivision (2).
352		-	(b) A class I child care home may serve a three (3) school age child
353		-	during a break in the school year that exceeds four (4) weeks children
354		-	under IC 12-7-2-33.7 if the child care home meets the following
355		-	conditions: are met:
356		-	(1) The school age child:
357		-	(A) was in the home part time during the four (4) months
358		-	preceding the break; or
359		-	(B) has a sibling attending the child care home.
360		-	(2) The child care home meets the following requirements:
361		-	(A) (1) Provides at least thirty-five (35) square feet for each child.
362		-	(B) (2) Maintains the child to staff ratio required under rules
363		-	adopted by the division for each age group of children in
364		-	attendance.
365		-	(C) Provides age appropriate toys, games, equipment, and
366		-	activities for each age group of children enrolled.
367		-	(D) If the licensee does not reside in the child care home, the
368		-	child care home has:
369		-	(i) at least two (2) exits that comply with the exit
370		-	requirements for an E-3 building occupancy classification
371		-	under the Indiana building code adopted by the fire
372		-	prevention and building safety commission; and
373		-	(ii) (3) Has an illuminated exit sign over each required exit or
374		-	emergency lighting for each required exit.
375		-	(3) The licensee for the child care home has maintained a class I
376		-	child care home license for at least twelve (12) children:
377		-	(A) for at least one (1) year; and
378		-	(B) without any citations for noncompliance.
379		-	SECTION 12. IC 12-17.2-5-6.5, AS AMENDED BY P.L.145-2006,
380		-	HEA 1222 — Concur 10
381		-	SECTION 101, IS AMENDED TO READ AS FOLLOWS
382		-	[EFFECTIVE JULY 1, 2022]: Sec. 6.5. (a) To qualify for a license to
383		-	operate a class II child care home under this chapter, a person must do
384		-	the following:
385		-	(1) Provide all child care services on the first story of the child
386		-	care home unless the class II child care home meets the
387		-	exceptions to the first story requirements contained in the Indiana
388		-	building code adopted by the fire prevention and building safety
389		-	commission in effect at the time the class II child care home
390		-	provider applies for licensure.
391		-	(2) Provide a smoke detection system that is:
392		-	(A) hard wired to the building's electrical system; and
393		-	(B) wired in a manner that activates all of the detector devices
394		-	in the building when one (1) detector device is activated.
395		-	(3) Provide a fire extinguisher in each room that is used to
396		-	provide child care services.
397		-	(4) Meet:
398		-	(A) the exit requirements for an E-3 building occupancy
399		-	classification under the Indiana building code adopted by the
400		-	fire prevention and building safety commission, except for any
401		-	illumination requirements, in effect at the time the class II
402		-	child care home provider initially applies for licensure; and
403		-	(B) the illumination requirements established in section
404		-	6.3(b)(2)(D) 6.3(b)(3) of this chapter.
405		-	(5) Provide a minimum of thirty-five (35) square feet for each
406		-	child.
407		-	(6) Conduct fire drills required under article 37 of the Indiana fire
408		-	prevention code adopted by the fire prevention and building
409		-	safety commission in effect at the time the class II child care
410		-	home provider applies for licensure.
411		-	(7) Apply for a license before July 1, 1996, or after June 30, 2001.
412		-	(8) Comply with rules adopted by the division of family resources
413		-	for class II child care homes.
414		-	(9) Complete the training course taught or approved by the
415		-	division concerning safe sleeping practices for a child within the
416		-	person's care as described in IC 12-17.2-2-1(10).
417		-	(b) To qualify for a license to operate a class II child care home
418		-	under this chapter, a person, before applying for the license, must have:
419		-	(1) a class I child care home license; or
420		-	(2) at least one (1) year of experience as a caregiver in a child
421		-	care home or child care center.
422		-	SECTION 13. IC 12-17.2-5-32, AS AMENDED BY P.L.121-2020,
423		-	HEA 1222 — Concur 11
424		-	SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
425		-	JULY 1, 2022]: Sec. 32. (a) The following constitute sufficient grounds
426		-	for revocation of a license:
427		-	(1) A determination by the department of child services of child
428		-	abuse or neglect (as defined in IC 31-9-2-14) by:
429		-	(A) the licensee;
430		-	(B) a member of the licensee's household;
431		-	(C) an employee of the licensee who may be present on the
432		-	premises of the child care home during operating hours of the
433		-	child care home; or
434		-	(D) a volunteer of the licensee who may be present on the
435		-	premises of the child care home during operating hours of the
436		-	child care home.
437		-	(2) A criminal conviction of the licensee, or an employee or
438		-	volunteer of the licensee who may be present on the premises of
439		-	the child care home during operating hours of the child care
440		-	home, or a member of the licensee's household of any of the
441		-	following:
442		-	(A) A felony:
443		-	(i) related to the health or safety of a child;
444		-	(ii) that is a sex offense (as defined in IC 11-8-8-5.2);
445		-	(iii) that is a dangerous felony; or
446		-	(iv) that is not a felony otherwise described in items (i)
447		-	through (iii), and less than ten (10) years have elapsed from
448		-	the date the person was discharged from probation,
449		-	imprisonment, or parole, whichever discharge date is latest.
450		-	(B) A misdemeanor related to the health or safety of a child.
451		-	(C) A misdemeanor for operating a child care center without
452		-	a license under IC 12-17.2-4-35, or a substantially similar
453		-	offense committed in another jurisdiction if the offense is
454		-	directly or indirectly related to jeopardizing the health or
455		-	safety of a child.
456		-	(D) A misdemeanor for operating a child care home without a
457		-	license under section 35 of this chapter, or a substantially
458		-	similar offense committed in another jurisdiction if the offense
459		-	is directly or indirectly related to jeopardizing the health or
460		-	safety of a child.
461		-	(3) A determination by the division that the licensee made false
462		-	statements in the licensee's application for licensure.
463		-	(4) A determination by the division that the licensee made false
464		-	statements in the records required by the division.
465		-	(5) A determination by the division that the licensee previously
466		-	HEA 1222 — Concur 12
467		-	operated a:
468		-	(A) child care center without a license under IC 12-17.2-4; or
469		-	(B) child care home without a license under this chapter.
470		-	(b) Notwithstanding subsection (a)(2), if:
471		-	(1) a license is revoked due to a criminal conviction of:
472		-	(A) an employee or a volunteer of the licensee's; or
473		-	(B) a resident of the licensee's household; and
474		-	(2) the division determines that the:
475		-	(A) employee or volunteer has been dismissed by the licensee;
476		-	or
477		-	(B) member of the licensee's household is no longer a member
478		-	of the licensee's household;
479		-	the criminal conviction of the former employee, former volunteer, or
480		-	former member does not require revocation of a license.
481		-	SECTION 14. IC 12-21-5-8 IS ADDED TO THE INDIANA CODE
482		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
483		-	1, 2022]: Sec. 8. (a) As used in this section, "certified community
484		-	behavioral health clinic" refers to a community behavioral health
485		-	clinic that has been certified according to criteria established by
486		-	the Secretary of the United States Department of Health and
487		-	Human Services under Section 223 of the federal Protecting Access
488		-	to Medicare Act of 2014 (P.L. 113-93).
489		-	(b) Not later than November 1, 2022, the division shall establish
490		-	a plan to expand the use of certified community behavioral health
491		-	clinics in Indiana.
492		-	(c) The division shall, in preparing the plan required under
493		-	subsection (b), consider the following:
494		-	(1) Use of crisis hotline centers and mobile crisis teams, as
495		-	described in IC 12-21-8.
496		-	(2) Use of the federal Substance Abuse and Mental Health
497		-	Services Administration Certified Community Behavioral
498		-	Health Clinic Expansion Grants.
499		-	(3) Potential expansion of Medicaid certified community
500		-	behavioral health clinics under Section 223 of the federal
501		-	Protecting Access to Medicare Act of 2014 (P.L. 113-93).
502		-	(4) Restructuring state funding for behavioral health services
503		-	through prospective payment or another financing model.
504		-	SECTION 15. IC 12-21-8-10, AS ADDED BY P.L.207-2021,
	45	+	1 SECTION 1. IC 12-7-2-24, AS AMENDED BY P.L.1-2007,
	46	+	2 SECTION 104, IS AMENDED TO READ AS FOLLOWS
	47	+	3 [EFFECTIVE JULY 1, 2022]: Sec. 24. "Bureau" means the following:
	48	+	4 (1) For purposes of IC 12-10, the bureau of aging and in-home
	49	+	5 services established by IC 12-10-1-1.
	50	+	6 (2) For purposes of IC 12-11, the bureau of developmental
	51	+	7 disabilities services established by IC 12-11-1.1-1.
	52	+	8 (3) For purposes of IC 12-12, the rehabilitation services bureau of
	53	+	9 the division of disability and rehabilitative services established by
	54	+	10 IC 12-12-1-1.
	55	+	11 (4) For purposes of IC 12-12.5, the bureau of quality
	56	+	12 improvement services established by IC 12-12.5-1-1.
	57	+	13 SECTION 2. IC 12-7-2-33.7, AS AMENDED BY P.L.197-2011,
	58	+	14 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	59	+	15 JULY 1, 2022]: Sec. 33.7. (a) As used in this chapter, "class I child
	60	+	16 care home" means a child care home that serves any combination of
	61	+	17 full-time and part-time children, not to exceed at any one (1) time
	62	+	HB 1222—LS 7185/DI 148 2
	63	+	1 twelve (12) children plus three (3) children during the school year only
	64	+	2 who are enrolled in at least full-day kindergarten. Except as provided
	65	+	3 in IC 12-17.2-5-6.3(b), the addition of three (3) school age children
	66	+	4 may not occur during a break in the school year that exceeds four (4)
	67	+	5 weeks.
	68	+	6 (b) A child:
	69	+	7 (1) for whom a provider of care in the child care home is a parent,
	70	+	8 stepparent, guardian, custodian, or other relative and who is at
	71	+	9 least seven (7) years of age; or
	72	+	10 (2) who is at least fourteen (14) years of age and does not require
	73	+	11 child care;
	74	+	12 shall not be counted in determining whether the child care home is
	75	+	13 within the limit set forth in subsection (a).
	76	+	14 SECTION 3. IC 12-7-2-69, AS AMENDED BY P.L.85-2017,
	77	+	15 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	78	+	16 JULY 1, 2022]: Sec. 69. (a) "Division", except as provided in
	79	+	17 subsections (b) and (c), refers to any of the following:
	80	+	18 (1) The division of disability and rehabilitative services
	81	+	19 established by IC 12-9-1-1.
	82	+	20 (2) The division of aging established by IC 12-9.1-1-1.
	83	+	21 (3) The division of family resources established by IC 12-13-1-1.
	84	+	22 (4) The division of mental health and addiction established by
	85	+	23 IC 12-21-1-1.
	86	+	24 (b) The term refers to the following:
	87	+	25 (1) For purposes of the following statutes, the division of
	88	+	26 disability and rehabilitative services established by IC 12-9-1-1:
	89	+	27 (A) IC 12-9.
	90	+	28 (B) IC 12-11.
	91	+	29 (C) IC 12-12.
	92	+	30 (D) IC 12-12.5.
	93	+	31 (E) (D) IC 12-12.7.
	94	+	32 (F) (E) IC 12-28-5.
	95	+	33 (2) For purposes of the following statutes, the division of aging
	96	+	34 established by IC 12-9.1-1-1:
	97	+	35 (A) IC 12-9.1.
	98	+	36 (B) IC 12-10.
	99	+	37 (C) IC 12-10.5.
	100	+	38 (3) For purposes of the following statutes, the division of family
	101	+	39 resources established by IC 12-13-1-1:
	102	+	40 (A) IC 12-13.
	103	+	41 (B) IC 12-14.
	104	+	42 (C) IC 12-15.
	105	+	HB 1222—LS 7185/DI 148 3
	106	+	1 (D) IC 12-16.
	107	+	2 (E) IC 12-17.2.
	108	+	3 (F) IC 12-18.
	109	+	4 (G) IC 12-19.
	110	+	5 (H) IC 12-20.
	111	+	6 (4) For purposes of the following statutes, the division of mental
	112	+	7 health and addiction established by IC 12-21-1-1:
	113	+	8 (A) IC 12-21.
	114	+	9 (B) IC 12-22.
	115	+	10 (C) IC 12-23.
	116	+	11 (D) IC 12-25.
	117	+	12 (c) With respect to a particular state institution, the term refers to
	118	+	13 the division whose director has administrative control of and
	119	+	14 responsibility for the state institution.
	120	+	15 (d) For purposes of IC 12-24, IC 12-26, and IC 12-27, the term
	121	+	16 refers to the division whose director has administrative control of and
	122	+	17 responsibility for the appropriate state institution.
	123	+	18 SECTION 4. IC 12-9-1-3, AS AMENDED BY P.L.210-2015,
	124	+	19 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	125	+	20 JULY 1, 2022]: Sec. 3. The division consists of the following bureaus:
	126	+	21 (1) The rehabilitation services bureau established by
	127	+	22 IC 12-12-1-1.
	128	+	23 (2) The bureau of developmental disabilities services established
	129	+	24 by IC 12-11-1.1-1.
	130	+	25 (3) The bureau of quality improvement services established by
	131	+	26 IC 12-12.5-1-1.
	132	+	27 (4) (3) The bureau of child development services established by
	133	+	28 IC 12-12.7-1-1.
	134	+	29 SECTION 5. IC 12-9-5-3, AS AMENDED BY P.L.1-2007,
	135	+	30 SECTION 116, IS AMENDED TO READ AS FOLLOWS
	136	+	31 [EFFECTIVE JULY 1, 2022]: Sec. 3. The division shall administer the
	137	+	32 following programs:
	138	+	33 (1) Programs established under any of the following statutes:
	139	+	34 (A) This article.
	140	+	35 (B) IC 12-11.
	141	+	36 (C) IC 12-12.
	142	+	37 (D) IC 12-12.5.
	143	+	38 (E) (D) IC 12-12.7.
	144	+	39 (2) Programs under the following statutes, to the extent the
	145	+	40 division has responsibilities for programs under those statutes:
	146	+	41 (A) IC 12-24.
	147	+	42 (B) IC 12-26.
	148	+	HB 1222—LS 7185/DI 148 4
	149	+	1 (C) IC 12-27.
	150	+	2 (D) IC 12-28.
	151	+	3 (E) IC 12-29.
	152	+	4 (3) Supported employment for a person with developmental
	153	+	5 disabilities.
	154	+	6 (4) Epilepsy service centers program.
	155	+	7 (5) Epilepsy clinic program.
	156	+	8 (6) Medicaid waivers for in-home services for treatment of
	157	+	9 developmental disabilities.
	158	+	10 SECTION 6. IC 12-11-1.1-1, AS AMENDED BY P.L.210-2015,
	159	+	11 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	160	+	12 JULY 1, 2022]: Sec. 1. (a) The bureau of developmental disabilities
	161	+	13 services is established within the division.
	162	+	14 (b) The bureau shall plan, coordinate, and administer the provision
	163	+	15 of individualized, integrated community based services for individuals
	164	+	16 with a developmental disability and their families, within the limits of
	165	+	17 available resources. The planning and delivery of services must be
	166	+	18 based on future plans of the individual with a developmental disability
	167	+	19 rather than on traditional determinations of eligibility for discrete
	168	+	20 services, with an emphasis on the preferences of the individual with a
	169	+	21 developmental disability and that individual's family.
	170	+	22 (c) Services for individuals with a developmental disability must be
	171	+	23 services that meet the following conditions:
	172	+	24 (1) Are provided under public supervision.
	173	+	25 (2) Are designed to meet the developmental needs of individuals
	174	+	26 with a developmental disability.
	175	+	27 (3) Meet all required state and federal standards.
	176	+	28 (4) Are provided by qualified personnel.
	177	+	29 (5) To the extent appropriate, are provided in home and
	178	+	30 community based settings in which individuals without
	179	+	31 disabilities participate.
	180	+	32 (6) Are provided in conformity with a service plan developed
	181	+	33 under IC 12-11-2.1-2.
	182	+	34 (d) The bureau shall approve entities to provide community based
	183	+	35 services and supports as follows:
	184	+	36 (1) Beginning July 1, 2011, the bureau shall ensure that an entity
	185	+	37 approved to provide day services, identified day habilitation,
	186	+	38 including facility based or community based habilitation,
	187	+	39 prevocational services, or employment services under home and
	188	+	40 community based services waivers is accredited by an approved
	189	+	41 national accrediting body described in subsection (j).
	190	+	42 (2) Beginning July 1, 2012, the bureau shall ensure that an entity
	191	+	HB 1222—LS 7185/DI 148 5
	192	+	1 approved to provide residential habilitation and support services
	193	+	2 under home and community based services waivers is accredited
	194	+	3 by an approved national accrediting body. However, if an entity
	195	+	4 is accredited to provide home and community based services
	196	+	5 under subdivision (1) other than residential habilitation and
	197	+	6 support services, the bureau may extend the time that the entity
	198	+	7 has to comply with this subdivision until the earlier of the
	199	+	8 following:
	200	+	9 (A) The completion of the entity's next scheduled accreditation
	201	+	10 survey.
	202	+	11 (B) July 1, 2015.
	203	+	12 (e) Subject to subsection (k), the bureau shall initially approve,
	204	+	13 reapprove, and monitor community based residential, habilitation, and
	205	+	14 employment service providers that provide alternatives to placement of
	206	+	15 individuals with a developmental disability in state institutions and
	207	+	16 health facilities licensed under IC 16-28 for individuals with a
	208	+	17 developmental disability. The services must simulate, to the extent
	209	+	18 feasible, patterns and conditions of everyday life that are as close as
	210	+	19 possible to the conditions in which individuals without disabilities
	211	+	20 participate. The community based service categories include the
	212	+	21 following:
	213	+	22 (1) Supervised group living programs, which serve at least four
	214	+	23 (4) individuals and not more than eight (8) individuals, are funded
	215	+	24 by Medicaid, and are licensed by the division.
	216	+	25 (2) Supported living service arrangements to meet the unique
	217	+	26 needs of individuals in integrated settings. Supported living
	218	+	27 service arrangements providing residential services may not serve
	219	+	28 more than four (4) unrelated individuals in any one (1) setting.
	220	+	29 However, a program that:
	221	+	30 (A) is in existence on January 1, 2013, as a supervised group
	222	+	31 living program described in subdivision (1); and
	223	+	32 (B) has more than four (4) individuals residing as part of the
	224	+	33 program;
	225	+	34 may convert to a supported living service arrangement under this
	226	+	35 subdivision and continue to provide services to up to the same
	227	+	36 number of individuals in the supported living setting.
	228	+	37 (f) To the extent that services described in subsection (e) are
	229	+	38 available and meet the individual's needs, an individual is entitled to
	230	+	39 receive services in the least restrictive environment possible.
	231	+	40 (g) Community based services under subsection (e)(1) or (e)(2)
	232	+	41 must consider the needs of and provide choices and options for:
	233	+	42 (1) individuals with a developmental disability; and
	234	+	HB 1222—LS 7185/DI 148 6
	235	+	1 (2) families of individuals with a developmental disability.
	236	+	2 (h) The bureau shall administer a system of service coordination to
	237	+	3 carry out this chapter.
	238	+	4 (i) The bureau may issue orders under IC 4-21.5-3-6 against a
	239	+	5 provider that violates rules issued by the bureau for programs in which
	240	+	6 the provider is providing services in accordance with section 11 of this
	241	+	7 chapter.
	242	+	8 (j) For purposes of subsections (d) and (k), "approved national
	243	+	9 accrediting body" means any of the following:
	244	+	10 (1) The Commission on Accreditation of Rehabilitation Facilities
	245	+	11 (CARF), or its successor.
	246	+	12 (2) The Council on Quality and Leadership In Supports for People
	247	+	13 with Disabilities, or its successor.
	248	+	14 (3) The Joint Commission on Accreditation of Healthcare
	249	+	15 Organizations (JCAHO), or its successor.
	250	+	16 (4) The ISO-9001 human services QA system.
	251	+	17 (5) The Council on Accreditation, or its successor.
	252	+	18 (6) An independent national accreditation organization approved
	253	+	19 by the secretary.
	254	+	20 (k) An entity that is accredited by an approved national accrediting
	255	+	21 body is not subject to reapproval surveys or routine monitoring surveys
	256	+	22 by the division or bureau, or bureau of quality improvement services,
	257	+	23 including any reapproval survey under a home and community based
	258	+	24 services waiver. However, the bureau may perform validation surveys
	259	+	25 and complaint investigations of an entity accredited by an approved
	260	+	26 national accrediting body.
	261	+	27 (l) The bureau shall monitor services provided by the following:
	262	+	28 (1) An entity that provides services to an individual with funds
	263	+	29 provided by the bureau or under the authority of the bureau.
	264	+	30 (2) An entity that has entered into a provider agreement
	265	+	31 under IC 12-15-11 to provide Medicaid in-home waiver
	266	+	32 services.
	267	+	33 (m) The bureau shall establish and administer a complaint
	268	+	34 process for the following:
	269	+	35 (1) An individual who receives services from an entity with
	270	+	36 funds provided through the bureau or under the authority of
	271	+	37 the bureau.
	272	+	38 (2) An entity that has entered into a provider agreement
	273	+	39 under IC 12-15-11 to provide Medicaid in-home waiver
	274	+	40 services.
	275	+	41 SECTION 7. IC 12-12.5 IS REPEALED [EFFECTIVE JULY 1,
	276	+	42 2022]. (QUALITY IMPROVEMENT SERVICES).
	277	+	HB 1222—LS 7185/DI 148 7
	278	+	1 SECTION 8. IC 12-13-6-1, AS AMENDED BY P.L.210-2015,
	279	+	2 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	280	+	3 JULY 1, 2022]: Sec. 1. The following bureaus are established within
	281	+	4 the division:
	282	+	5 (1) A bureau of child care. An office of early childhood and out
	283	+	6 of school learning.
	284	+	7 (2) A bureau of economic independence.
	285	+	8 SECTION 9. IC 12-17.2-5-4, AS AMENDED BY P.L.156-2020,
	286	+	9 SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	287	+	10 JULY 1, 2022]: Sec. 4. (a) The following constitute sufficient grounds
	288	+	11 for a denial of a license application:
	289	+	12 (1) A determination by the department of child services
	290	+	13 established by IC 31-25-1-1 of child abuse or neglect (as defined
	291	+	14 in IC 31-9-2-14) by:
	292	+	15 (A) the applicant;
	293	+	16 (B) a member of the applicant's household;
	294	+	17 (C) an employee of the applicant who may be present on the
	295	+	18 premises of the child care home during operating hours of the
	296	+	19 child care home; or
	297	+	20 (D) a volunteer of the applicant who may be present on the
	298	+	21 premises of the child care home during operating hours of the
	299	+	22 child care home.
	300	+	23 (2) A criminal conviction of the applicant, or an employee or
	301	+	24 volunteer of the applicant who may be present on the premises of
	302	+	25 the child care home during operating hours of the child care
	303	+	26 home, or a member of the applicant's household, of any of the
	304	+	27 following:
	305	+	28 (A) A felony:
	306	+	29 (i) related to the health or safety of a child;
	307	+	30 (ii) that is a sex offense (as defined in IC 11-8-8-5.2);
	308	+	31 (iii) that is a dangerous felony; or
	309	+	32 (iv) that is not a felony otherwise described in items (i)
	310	+	33 through (iii), and less than ten (10) years have elapsed from
	311	+	34 the date the person was discharged from probation,
	312	+	35 imprisonment, or parole, whichever discharge date is latest.
	313	+	36 (B) A misdemeanor related to the health or safety of a child.
	314	+	37 (C) A misdemeanor for operating a child care center without
	315	+	38 a license under IC 12-17.2-4-35, or a substantially similar
	316	+	39 offense committed in another jurisdiction if the offense is
	317	+	40 directly or indirectly related to jeopardizing the health or
	318	+	41 safety of a child.
	319	+	42 (D) A misdemeanor for operating a child care home without a
	320	+	HB 1222—LS 7185/DI 148 8
	321	+	1 license under section 35 of this chapter, or a substantially
	322	+	2 similar offense committed in another jurisdiction if the offense
	323	+	3 is directly or indirectly related to jeopardizing the health or
	324	+	4 safety of a child.
	325	+	5 (3) A determination by the division that the applicant made false
	326	+	6 statements in the applicant's application for licensure.
	327	+	7 (4) A determination by the division that the applicant made false
	328	+	8 statements in the records required by the division.
	329	+	9 (5) A determination by the division that the applicant previously
	330	+	10 operated a:
	331	+	11 (A) child care center without a license under IC 12-17.2-4; or
	332	+	12 (B) child care home without a license under this chapter.
	333	+	13 (b) Notwithstanding subsection (a)(2), if:
	334	+	14 (1) a license application is denied due to a criminal conviction of:
	335	+	15 (A) an employee or a volunteer of the applicant; or
	336	+	16 (B) a member of the applicant's household; and
	337	+	17 (2) the division determines that the:
	338	+	18 (A) employee or volunteer has been dismissed by the
	339	+	19 applicant; or
	340	+	20 (B) member of the applicant's household is no longer a
	341	+	21 member of the applicant's household;
	342	+	22 the criminal conviction of the former employee, former volunteer, or
	343	+	23 former member does not require denial of a license application.
	344	+	24 SECTION 10. IC 12-17.2-5-6.3, AS AMENDED BY P.L.162-2005,
	345	+	25 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	346	+	26 JULY 1, 2022]: Sec. 6.3. (a) To qualify for a license to operate a class
	347	+	27 I child care home under this chapter, a person must do the following:
	348	+	28 (1) Provide documentation to the division that the licensee has
	349	+	29 received a high school diploma or a high school equivalency
	350	+	30 certificate as described in IC 12-14-5-2.
	351	+	31 (2) Provide documentation to the division that the licensee:
	352	+	32 (A) has completed;
	353	+	33 (B) is enrolled in; or
	354	+	34 (C) agrees to complete within the next three (3) years;
	355	+	35 a child development associate credential program or a similar
	356	+	36 program approved by the division.
	357	+	37 (3) Complete the training course taught or approved by the
	358	+	38 division concerning safe sleeping practices for a child within the
	359	+	39 person's care as described in IC 12-17.2-2-1(10).
	360	+	40 The division may grant a waiver or variance of the requirement under
	361	+	41 subdivision (2).
	362	+	42 (b) A class I child care home may serve a three (3) school age child
	363	+	HB 1222—LS 7185/DI 148 9
	364	+	1 during a break in the school year that exceeds four (4) weeks children
	365	+	2 under IC 12-7-2-33.7 if the child care home meets the following
	366	+	3 conditions: are met:
	367	+	4 (1) The school age child:
	368	+	5 (A) was in the home part time during the four (4) months
	369	+	6 preceding the break; or
	370	+	7 (B) has a sibling attending the child care home.
	371	+	8 (2) The child care home meets the following requirements:
	372	+	9 (A) (1) Provides at least thirty-five (35) square feet for each child.
	373	+	10 (B) (2) Maintains the child to staff ratio required under rules
	374	+	11 adopted by the division for each age group of children in
	375	+	12 attendance.
	376	+	13 (C) Provides age appropriate toys, games, equipment, and
	377	+	14 activities for each age group of children enrolled.
	378	+	15 (D) If the licensee does not reside in the child care home, the
	379	+	16 child care home has:
	380	+	17 (i) at least two (2) exits that comply with the exit
	381	+	18 requirements for an E-3 building occupancy classification
	382	+	19 under the Indiana building code adopted by the fire
	383	+	20 prevention and building safety commission; and
	384	+	21 (ii) (3) Has an illuminated exit sign over each required exit or
	385	+	22 emergency lighting for each required exit.
	386	+	23 (3) The licensee for the child care home has maintained a class I
	387	+	24 child care home license for at least twelve (12) children:
	388	+	25 (A) for at least one (1) year; and
	389	+	26 (B) without any citations for noncompliance.
	390	+	27 SECTION 11. IC 12-17.2-5-6.5, AS AMENDED BY P.L.145-2006,
	391	+	28 SECTION 101, IS AMENDED TO READ AS FOLLOWS
	392	+	29 [EFFECTIVE JULY 1, 2022]: Sec. 6.5. (a) To qualify for a license to
	393	+	30 operate a class II child care home under this chapter, a person must do
	394	+	31 the following:
	395	+	32 (1) Provide all child care services on the first story of the child
	396	+	33 care home unless the class II child care home meets the
	397	+	34 exceptions to the first story requirements contained in the Indiana
	398	+	35 building code adopted by the fire prevention and building safety
	399	+	36 commission in effect at the time the class II child care home
	400	+	37 provider applies for licensure.
	401	+	38 (2) Provide a smoke detection system that is:
	402	+	39 (A) hard wired to the building's electrical system; and
	403	+	40 (B) wired in a manner that activates all of the detector devices
	404	+	41 in the building when one (1) detector device is activated.
	405	+	42 (3) Provide a fire extinguisher in each room that is used to
	406	+	HB 1222—LS 7185/DI 148 10
	407	+	1 provide child care services.
	408	+	2 (4) Meet:
	409	+	3 (A) the exit requirements for an E-3 building occupancy
	410	+	4 classification under the Indiana building code adopted by the
	411	+	5 fire prevention and building safety commission, except for any
	412	+	6 illumination requirements, in effect at the time the class II
	413	+	7 child care home provider initially applies for licensure; and
	414	+	8 (B) the illumination requirements established in section
	415	+	9 6.3(b)(2)(D) 6.3(b)(3) of this chapter.
	416	+	10 (5) Provide a minimum of thirty-five (35) square feet for each
	417	+	11 child.
	418	+	12 (6) Conduct fire drills required under article 37 of the Indiana fire
	419	+	13 prevention code adopted by the fire prevention and building
	420	+	14 safety commission in effect at the time the class II child care
	421	+	15 home provider applies for licensure.
	422	+	16 (7) Apply for a license before July 1, 1996, or after June 30, 2001.
	423	+	17 (8) Comply with rules adopted by the division of family resources
	424	+	18 for class II child care homes.
	425	+	19 (9) Complete the training course taught or approved by the
	426	+	20 division concerning safe sleeping practices for a child within the
	427	+	21 person's care as described in IC 12-17.2-2-1(10).
	428	+	22 (b) To qualify for a license to operate a class II child care home
	429	+	23 under this chapter, a person, before applying for the license, must have:
	430	+	24 (1) a class I child care home license; or
	431	+	25 (2) at least one (1) year of experience as a caregiver in a child
	432	+	26 care home or child care center.
	433	+	27 SECTION 12. IC 12-17.2-5-32, AS AMENDED BY P.L.121-2020,
	434	+	28 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	435	+	29 JULY 1, 2022]: Sec. 32. (a) The following constitute sufficient grounds
	436	+	30 for revocation of a license:
	437	+	31 (1) A determination by the department of child services of child
	438	+	32 abuse or neglect (as defined in IC 31-9-2-14) by:
	439	+	33 (A) the licensee;
	440	+	34 (B) a member of the licensee's household;
	441	+	35 (C) an employee of the licensee who may be present on the
	442	+	36 premises of the child care home during operating hours of the
	443	+	37 child care home; or
	444	+	38 (D) a volunteer of the licensee who may be present on the
	445	+	39 premises of the child care home during operating hours of the
	446	+	40 child care home.
	447	+	41 (2) A criminal conviction of the licensee, or an employee or
	448	+	42 volunteer of the licensee who may be present on the premises of
	449	+	HB 1222—LS 7185/DI 148 11
	450	+	1 the child care home during operating hours of the child care
	451	+	2 home, or a member of the licensee's household of any of the
	452	+	3 following:
	453	+	4 (A) A felony:
	454	+	5 (i) related to the health or safety of a child;
	455	+	6 (ii) that is a sex offense (as defined in IC 11-8-8-5.2);
	456	+	7 (iii) that is a dangerous felony; or
	457	+	8 (iv) that is not a felony otherwise described in items (i)
	458	+	9 through (iii), and less than ten (10) years have elapsed from
	459	+	10 the date the person was discharged from probation,
	460	+	11 imprisonment, or parole, whichever discharge date is latest.
	461	+	12 (B) A misdemeanor related to the health or safety of a child.
	462	+	13 (C) A misdemeanor for operating a child care center without
	463	+	14 a license under IC 12-17.2-4-35, or a substantially similar
	464	+	15 offense committed in another jurisdiction if the offense is
	465	+	16 directly or indirectly related to jeopardizing the health or
	466	+	17 safety of a child.
	467	+	18 (D) A misdemeanor for operating a child care home without a
	468	+	19 license under section 35 of this chapter, or a substantially
	469	+	20 similar offense committed in another jurisdiction if the offense
	470	+	21 is directly or indirectly related to jeopardizing the health or
	471	+	22 safety of a child.
	472	+	23 (3) A determination by the division that the licensee made false
	473	+	24 statements in the licensee's application for licensure.
	474	+	25 (4) A determination by the division that the licensee made false
	475	+	26 statements in the records required by the division.
	476	+	27 (5) A determination by the division that the licensee previously
	477	+	28 operated a:
	478	+	29 (A) child care center without a license under IC 12-17.2-4; or
	479	+	30 (B) child care home without a license under this chapter.
	480	+	31 (b) Notwithstanding subsection (a)(2), if:
	481	+	32 (1) a license is revoked due to a criminal conviction of:
	482	+	33 (A) an employee or a volunteer of the licensee's; or
	483	+	34 (B) a resident of the licensee's household; and
	484	+	35 (2) the division determines that the:
	485	+	36 (A) employee or volunteer has been dismissed by the licensee;
	486	+	37 or
	487	+	38 (B) member of the licensee's household is no longer a member
	488	+	39 of the licensee's household;
	489	+	40 the criminal conviction of the former employee, former volunteer, or
	490	+	41 former member does not require revocation of a license.
	491	+	42 SECTION 13. IC 12-21-8-10, AS ADDED BY P.L.207-2021,
	492	+	HB 1222—LS 7185/DI 148 12
	493	+	1 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	494	+	2 JULY 1, 2022]: Sec. 10. (a) The division shall coordinate:
	495	+	3 (1) available onsite response services of crisis calls using state
	496	+	4 and locally funded mobile crisis teams; and
	497	+	5 (2) crisis receiving and stabilization services resulting from a
	498	+	6 9-8-8 call.
	499	+	7 (b) The mobile crisis teams must include: the following:
	500	+	8 (1) Jurisdiction based behavioral health teams, including:
	501	+	9 (1) a peer certified by the division; and
	502	+	10 (2) at least one (1) of the following:
	503	+	11 (A) A behavioral health professional licensed under
	504	+	12 IC 25-23.6. and
	505	+	13 (B) peers certified by the division. An other behavioral
	506	+	14 health professional (OBHP), as defined in 440 IAC 11-1-12.
	507	+	15 (2) (C) Emergency medical services personnel licensed under
	508	+	16 IC 16-31.
	509	+	17 (3) (D) Law enforcement based coresponder behavioral health
	510	+	18 teams.
	511	+	19 (c) Crisis response services provided by a mobile crisis team
	512	+	20 must be provided under the supervision of:
	513	+	21 (1) a behavioral health professional licensed under IC 25-23.6;
	514	+	22 (2) a licensed physician; or
	515	+	23 (3) a licensed advance practice nurse or clinical nurse
	516	+	24 specialist.
	517	+	25 The supervision required under this subsection may be performed
	518	+	26 remotely.
	519	+	27 SECTION 14. IC 35-36-3-1, AS AMENDED BY P.L.161-2018,
	520	+	28 SECTION 120, IS AMENDED TO READ AS FOLLOWS
	521	+	29 [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) If at any time before the final
	522	+	30 submission of any criminal case to the court or the jury trying the case,
	523	+	31 the court has reasonable grounds for believing that the defendant lacks
	524	+	32 the ability to understand the proceedings and assist in the preparation
	525	+	33 of a defense, the court shall immediately fix a time for a hearing to
	526	+	34 determine whether the defendant has that ability. The court shall
	527	+	35 appoint two (2) or three (3) competent, disinterested:
	528	+	36 (1) psychiatrists;
	529	+	37 (2) psychologists endorsed by the Indiana state board of
	530	+	38 examiners in psychology as health service providers in
	531	+	39 psychology; or
	532	+	40 (3) physicians;
	533	+	41 who have expertise in determining competency. At least one (1) of the
	534	+	42 individuals appointed under this subsection must be a psychiatrist or
	535	+	HB 1222—LS 7185/DI 148 13
	536	+	1 psychologist. However, none may be an employee or a contractor of a
	537	+	2 state institution (as defined in IC 12-7-2-184). The individuals who are
	538	+	3 appointed shall examine the defendant and testify at the hearing as to
	539	+	4 whether the defendant can understand the proceedings and assist in the
	540	+	5 preparation of the defendant's defense.
	541	+	6 (b) At the hearing, other evidence relevant to whether the defendant
	542	+	7 has the ability to understand the proceedings and assist in the
	543	+	8 preparation of the defendant's defense may be introduced. If the court
	544	+	9 finds that the defendant has the ability to understand the proceedings
	545	+	10 and assist in the preparation of the defendant's defense, the trial shall
	546	+	11 proceed. If the court finds that the defendant lacks this ability, it shall
	547	+	12 delay or continue the trial and order the defendant committed to the
	548	+	13 division of mental health and addiction. The division of mental health
	549	+	14 and addiction shall provide competency restoration services or enter
	550	+	15 into a contract for the provision of competency restoration services by
	551	+	16 a third party in the:
	552	+	17 (1) location where the defendant currently resides; or
	553	+	18 (2) least restrictive setting appropriate to the needs of the
	554	+	19 defendant and the safety of the defendant and others.
	555	+	20 However, if the defendant is serving an unrelated executed sentence in
	556	+	21 the department of correction at the time the defendant is committed to
	557	+	22 the division of mental health and addiction under this section, the
	558	+	23 division of mental health and addiction shall provide competency
	559	+	24 restoration services or enter into a contract for the provision of
	560	+	25 competency restoration services by a third party at a department of
	561	+	26 correction facility agreed upon by the division of mental health and
	562	+	27 addiction or the third party contractor and the department of correction.
	563	+	28 A contract entered into with a third party under this subsection
	564	+	29 may confer to the third party all authority the division would have
	565	+	30 in providing competency restoration services to the defendant at a
	566	+	31 state institution (as defined in IC 12-7-2-184).
	567	+	32 (c) If the court makes a finding under subsection (b), the court shall
	568	+	33 transmit any information required by the office of judicial
	569	+	34 administration to the office of judicial administration for transmission
	570	+	35 to the NICS (as defined in IC 35-47-2.5-2.5) in accordance with
	571	+	36 IC 33-24-6-3.
	572	+	HB 1222—LS 7185/DI 148 14
	573	+	COMMITTEE REPORT
	574	+	Mr. Speaker: Your Committee on Family, Children and Human
	575	+	Affairs, to which was referred House Bill 1222, has had the same under
	576	+	consideration and begs leave to report the same back to the House with
	577	+	the recommendation that said bill be amended as follows:
	578	+	Page 11, after line 41, begin a new paragraph and insert:
	579	+	"SECTION 13. IC 12-21-8-10, AS ADDED BY P.L.207-2021,
505	580		SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
506	581		JULY 1, 2022]: Sec. 10. (a) The division shall coordinate:
507	582		(1) available onsite response services of crisis calls using state
508	583		and locally funded mobile crisis teams; and
509		-	HEA 1222 — Concur 13
510	584		(2) crisis receiving and stabilization services resulting from a
511	585		9-8-8 call.
512	586		(b) The mobile crisis teams must include: the following:
513	587		(1) Jurisdiction based behavioral health teams, including:
514	588		(1) a peer certified by the division; and
515	589		(2) at least one (1) of the following:
516	590		(A) A behavioral health professional licensed under
517	591		IC 25-23.6. and
518	592		(B) peers certified by the division. An other behavioral
519	593		health professional (OBHP), as defined in 440 IAC 11-1-12.
520	594		(2) (C) Emergency medical services personnel licensed under
521	595		IC 16-31.
522	596		(3) (D) Law enforcement based coresponder behavioral health
523	597		teams.
524	598		(c) Crisis response services provided by a mobile crisis team
525	599		must be provided under the supervision of:
526	600		(1) a behavioral health professional licensed under IC 25-23.6;
527	601		(2) a licensed physician; or
528	602		(3) a licensed advance practice nurse or clinical nurse
529	603		specialist.
530	604		The supervision required under this subsection may be performed
531	605		remotely.
532		-	SECTION 16. IC 35-36-3-1, AS AMENDED BY P.L.161-2018,
	606	+	SECTION 14. IC 35-36-3-1, AS AMENDED BY P.L.161-2018,
533	607		SECTION 120, IS AMENDED TO READ AS FOLLOWS
534	608		[EFFECTIVE JULY 1, 2022]: Sec. 1. (a) If at any time before the final
535	609		submission of any criminal case to the court or the jury trying the case,
536	610		the court has reasonable grounds for believing that the defendant lacks
537	611		the ability to understand the proceedings and assist in the preparation
538	612		of a defense, the court shall immediately fix a time for a hearing to
539	613		determine whether the defendant has that ability. The court shall
540	614		appoint two (2) or three (3) competent, disinterested:
	615	+	HB 1222—LS 7185/DI 148 15
541	616		(1) psychiatrists;
542	617		(2) psychologists endorsed by the Indiana state board of
543	618		examiners in psychology as health service providers in
544	619		psychology; or
545	620		(3) physicians;
546	621		who have expertise in determining competency. At least one (1) of the
547	622		individuals appointed under this subsection must be a psychiatrist or
548	623		psychologist. However, none may be an employee or a contractor of a
549	624		state institution (as defined in IC 12-7-2-184). The individuals who are
550	625		appointed shall examine the defendant and testify at the hearing as to
551	626		whether the defendant can understand the proceedings and assist in the
552		-	HEA 1222 — Concur 14
553	627		preparation of the defendant's defense.
554	628		(b) At the hearing, other evidence relevant to whether the defendant
555	629		has the ability to understand the proceedings and assist in the
556	630		preparation of the defendant's defense may be introduced. If the court
557	631		finds that the defendant has the ability to understand the proceedings
558	632		and assist in the preparation of the defendant's defense, the trial shall
559	633		proceed. If the court finds that the defendant lacks this ability, it shall
560	634		delay or continue the trial and order the defendant committed to the
561	635		division of mental health and addiction. The division of mental health
562	636		and addiction shall provide competency restoration services or enter
563	637		into a contract for the provision of competency restoration services by
564	638		a third party in the:
565	639		(1) location where the defendant currently resides; or
566	640		(2) least restrictive setting appropriate to the needs of the
567	641		defendant and the safety of the defendant and others.
568	642		However, if the defendant is serving an unrelated executed sentence in
569	643		the department of correction at the time the defendant is committed to
570	644		the division of mental health and addiction under this section, the
571	645		division of mental health and addiction shall provide competency
572	646		restoration services or enter into a contract for the provision of
573	647		competency restoration services by a third party at a department of
574	648		correction facility agreed upon by the division of mental health and
575	649		addiction or the third party contractor and the department of correction.
576	650		A contract entered into with a third party under this subsection
577	651		may confer to the third party all authority the division would have
578	652		in providing competency restoration services to the defendant at a
579	653		state institution (as defined in IC 12-7-2-184).
580	654		(c) If the court makes a finding under subsection (b), the court shall
581	655		transmit any information required by the office of judicial
582	656		administration to the office of judicial administration for transmission
583	657		to the NICS (as defined in IC 35-47-2.5-2.5) in accordance with
584		-	~~IC 33-24-6-3.~~
585		-	~~HEA 1222 — Concur Speaker of the House of Representatives~~
586		-	~~President of the Senate~~
587		-	~~President Pro Tempore~~
588		-	~~Governor of the State of Indiana~~
589		-	~~Date~~: ~~Time:~~
590		-	~~HEA~~ 1222 ~~— Concur~~
	658	+	HB 1222—LS 7185/DI 148 16
	659	+	IC 33-24-6-3.".
	660	+	and when so amended that said bill do pass.
	661	+	(Reference is to HB 1222 as introduced.)
	662	+	DEVON
	663	+	Committee Vote: yeas 12, nays 0.
	664	+	HB 1222—LS 7185/DI 148