*ES0266.1*
February 17, 2022
ENGROSSED
SENATE BILL No. 266
_____
DIGEST OF SB 266 (Updated February 15, 2022 6:05 pm - DI 119)
Citations Affected: IC 31-25; IC 31-27; IC 34-30; noncode.
Synopsis: Department of child services matters. Limits the civil
liability of contractors that provide specified services under a contract
with the department of child services (department). Provides that an
individual may be employed by a child care provider before the state
mandated criminal history check of the individual is completed if the
following conditions are satisfied: (1) The individual's: (A) fingerprint
based check of national crime information data bases; (B) national sex
offender registry check; (C) in-state local criminal records check; and
(D) in-state child protection index check; have been completed. (2) If
the individual has resided outside Indiana at any time during the five
(Continued next page)
Effective: Upon passage; July 1, 2022.
Ford Jon, Rogers, Garten, Holdman,
Bassler, Brown L, Ford J.D.,
Qaddoura, Donato, Charbonneau,
Boehnlein, Crider
(HOUSE SPONSORS — JETER, DEVON, GOODRICH, YOUNG J)
January 10, 2022, read first time and referred to Committee on Family and Children
Services.
January 24, 2022, amended, reported favorably — Do Pass.
January 27, 2022, read second time, amended, ordered engrossed.
January 28, 2022, engrossed.
February 1, 2022, read third time, passed. Yeas 48, nays 0.
HOUSE ACTION
February 7, 2022, read first time and referred to Committee on Family, Children and
Human Affairs.
February 17, 2022, amended, reported — Do Pass. Referred to Committee on Ways and
Means pursuant to Rule 127.
ES 266—LS 7075/DI 148 Digest Continued
years preceding the individual's date of hire, the individual's: (A) out-
of-state child abuse registry check; and (B) out-of-state local criminal
records check; have been requested. (3) The individual's employment
before the completion of the state mandated criminal history check is
limited to training during which the individual: (A) does not have
contact with children who are under the care and control of the child
care provider; and (B) does not have access to records containing
information regarding children who are under the care and control of
the child care provider. (4) The individual completes an attestation,
under penalty of perjury, disclosing: (A) any abuse or neglect
complaints made against the individual with the child welfare agency
of a state other than Indiana in which the individual resided within the
five years preceding the date of the attestation; and (B) any contact the
individual had with a law enforcement agency in connection with the
individual's suspected or alleged commission of a crime in a state other
than Indiana in which the individual resided within the five years
preceding the date of the attestation. Establishes a process by which a
child caring institution, group home, secure private facility, or licensed
child placing agency may request a review of base rates and other cost
based rates approved by the department. Requires the department to
give special consideration to approval of costs that: (1) are proven by
a residential treatment provider to have been previously approved by
the department; or (2) relate to accreditation, staff safety, child safety,
or a department requirement. Urges the legislative council to assign to
the appropriate interim study committee the topic of privatizing the
department.
ES 266—LS 7075/DI 148ES 266—LS 7075/DI 148 February 17, 2022
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
ENGROSSED
SENATE BILL No. 266
A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 31-25-2-2.5, AS ADDED BY P.L.146-2008,
2 SECTION 563, IS AMENDED TO READ AS FOLLOWS
3 [EFFECTIVE UPON PASSAGE]: Sec. 2.5. (a) The following are not
4 personally liable, except to the state, for an official act done or omitted
5 in connection with performance of duties under this title:
6 (1) The director of the department.
7 (2) Other officers and employees of the department.
8 (b) An individual or a nonprofit corporation organized under
9 the laws of Indiana is not liable, except to the state, for an act done
10 or omitted in connection with the individual's or nonprofit
11 corporation's provision of services described in section 7(a) of this
12 chapter under a contract entered into with the department.
13 SECTION 2. IC 31-27-3-3, AS AMENDED BY P.L.243-2019,
14 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 UPON PASSAGE]: Sec. 3. (a) An applicant must apply for a child
16 caring institution license on forms provided by the department.
17 (b) An applicant must submit the required information as part of the
ES 266—LS 7075/DI 148 2
1 application.
2 (c) The applicant must submit with the application a statement
3 attesting the following:
4 (1) Whether the applicant has been convicted of:
5 (A) a felony; or
6 (B) a misdemeanor relating to the health and safety of
7 children.
8 (2) Whether the applicant has been charged with:
9 (A) a felony; or
10 (B) a misdemeanor relating to the health and safety of
11 children;
12 during the pendency of the application.
13 (d) The department, on behalf of an applicant, or, at the discretion
14 of the department, an applicant, shall conduct a criminal history check
15 of the following:
16 (1) Each individual who is an applicant.
17 (2) The director or manager of a facility where children will be
18 placed.
19 (3) Each employee, volunteer, or contractor of the applicant.
20 (e) If the applicant conducts a criminal history check under
21 subsection (d), the applicant shall:
22 (1) maintain records of the information it receives concerning
23 each individual who is the subject of a criminal history check; and
24 (2) submit to the department a copy of the information it receives
25 concerning each person described in subsection (d)(1) through
26 (d)(3).
27 (f) If the department conducts a criminal history check on behalf of
28 an applicant under subsection (d), the department shall:
29 (1) determine whether the subject of a national fingerprint based
30 criminal history check has a record of:
31 (A) a conviction for a felony;
32 (B) a conviction for a misdemeanor relating to the health and
33 safety of a child; or
34 (C) a juvenile adjudication for a nonwaivable offense, as
35 defined in IC 31-9-2-84.8 that, if committed by an adult,
36 would be a felony;
37 (2) notify the applicant of the determination under subdivision (1)
38 without identifying a specific offense or other identifying
39 information concerning a conviction or juvenile adjudication
40 contained in the national criminal history record information;
41 (3) submit to the applicant a copy of any state limited criminal
42 history report that the department receives on behalf of any person
ES 266—LS 7075/DI 148 3
1 described in subsection (d); and
2 (4) maintain a record of every report and all information the
3 department receives concerning a person described in subsection
4 (d).
5 (g) Except as provided in subsection (h), a criminal history check
6 described in subsection (d) is required only at the time an application
7 for a new license or the renewal of an existing license is submitted.
8 (h) Except as provided in subsection (i), a criminal history check
9 of each person described in subsection (d)(2) or (d)(3) must be
10 completed on or before the date the person:
11 (1) is employed;
12 (2) is assigned as a volunteer; or
13 (3) enters into, or the person's employing entity enters into, a
14 contract with the applicant.
15 (i) An individual may be employed by a child caring institution
16 as an employee, volunteer, or contractor before a criminal history
17 check of the individual is completed as required under subsection
18 (h) if all of the following conditions are satisfied:
19 (1) The following checks have been completed regarding the
20 individual:
21 (A) A fingerprint based check of national crime
22 information data bases under IC 31-9-2-22.5(1).
23 (B) A national sex offender registry check under
24 IC 31-9-2-22.5(3).
25 (C) An in-state local criminal records check under
26 IC 31-9-2-22.5(4).
27 (D) An in-state child protection index check under
28 IC 31-33-26.
29 (2) If the individual has resided outside Indiana at any time
30 during the five (5) years preceding the individual's date of
31 hiring by the child caring institution, the following checks
32 have been requested regarding the individual:
33 (A) An out-of-state child abuse registry check under
34 IC 31-9-2-22.5(2).
35 (B) An out-of-state local criminal records check under
36 IC 31-9-2-22.5(4).
37 (3) The individual's employment before the completion of the
38 criminal history check required under subsection (h) is
39 limited to training during which the individual:
40 (A) does not have contact with children who are under the
41 care and control of the child caring institution; and
42 (B) does not have access to records containing information
ES 266—LS 7075/DI 148 4
1 regarding children who are under the care and control of
2 the child caring institution.
3 (4) The individual completes an attestation, under penalty of
4 perjury, disclosing:
5 (A) any abuse or neglect complaints made against the
6 individual with the child welfare agency of a state other
7 than Indiana in which the individual resided within the five
8 (5) years preceding the date of the attestation; and
9 (B) any contact the individual had with a law enforcement
10 agency in connection with the individual's suspected or
11 alleged commission of a crime in a state other than Indiana
12 in which the individual resided within the five (5) years
13 preceding the date of the attestation.
14 (i) (j) The applicant or facility is responsible for any fees associated
15 with a criminal history check.
16 (j) (k) The department shall, at the applicant's request, inform the
17 applicant whether the department has or does not have a record of the
18 person who is the subject of a criminal history check and if the
19 department has identified the person as an alleged perpetrator of abuse
20 or neglect. The department may not provide to the applicant any details
21 or personally identifying information contained in any child protective
22 services investigation report.
23 (k) (l) A person who is the subject of a criminal history check
24 conducted in accordance with this section may request the state police
25 department to provide the person with a copy of any state or national
26 criminal history report concerning the person.
27 SECTION 3. IC 31-27-5-4, AS AMENDED BY P.L.243-2019,
28 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 UPON PASSAGE]: Sec. 4. (a) An applicant must apply for a group
30 home license on forms provided by the department.
31 (b) An applicant must submit the required information as part of the
32 application.
33 (c) An applicant must submit with the application a statement
34 attesting the following:
35 (1) Whether the applicant has been convicted of:
36 (A) a felony; or
37 (B) a misdemeanor relating to the health and safety of
38 children.
39 (2) Whether the applicant has been charged with:
40 (A) a felony; or
41 (B) a misdemeanor relating to the health and safety of
42 children;
ES 266—LS 7075/DI 148 5
1 during the pendency of the application.
2 (d) The department on behalf of an applicant, or, at the discretion of
3 the department, an applicant, shall conduct a criminal history check of
4 the following:
5 (1) Each individual who is an applicant.
6 (2) The director or manager of a facility where children will be
7 placed.
8 (3) Each employee, volunteer, or contractor of the applicant.
9 (e) If the applicant conducts a criminal history check under
10 subsection (d), the applicant shall:
11 (1) maintain records of the information it receives concerning
12 each individual who is the subject of a criminal history check; and
13 (2) submit to the department a copy of the information the
14 applicant receives concerning each person described in subsection
15 (d)(1) through (d)(3).
16 (f) If the department conducts a criminal history check on behalf of
17 an applicant under subsection (d), the department shall:
18 (1) determine whether the subject of a national fingerprint based
19 criminal history check has a record of a:
20 (A) conviction for a felony;
21 (B) conviction for a misdemeanor relating to the health and
22 safety of a child; or
23 (C) juvenile adjudication for a nonwaivable offense, as defined
24 in IC 31-9-2-84.8 that, if committed by an adult, would be a
25 felony;
26 (2) notify the applicant of the determination under subdivision (1)
27 without identifying a specific offense or other identifying
28 information concerning a conviction or juvenile adjudication
29 contained in the national criminal history record information;
30 (3) submit to the applicant a copy of any state limited criminal
31 history report that the department receives on behalf of any person
32 described in subsection (d); and
33 (4) maintain a record of every report and all information it
34 receives concerning a person described in subsection (d).
35 (g) Except as provided in subsection (h), a criminal history check
36 described in subsection (d) is required only at the time an application
37 for a new license or the renewal of an existing license is submitted.
38 (h) Except as provided in subsection (i), a criminal history check
39 of each person described in subsection (d)(2) or (d)(3) must be
40 completed on or before the date the person:
41 (1) is employed;
42 (2) is assigned as a volunteer; or
ES 266—LS 7075/DI 148 6
1 (3) enters into, or the person's employing entity enters into, a
2 contract with the applicant.
3 (i) An individual may be employed by a group home as an
4 employee, volunteer, or contractor before a criminal history check
5 of the individual is completed as required under subsection (h) if
6 all of the following conditions are satisfied:
7 (1) The following checks have been completed regarding the
8 individual:
9 (A) A fingerprint based check of national crime
10 information data bases under IC 31-9-2-22.5(1).
11 (B) A national sex offender registry check under
12 IC 31-9-2-22.5(3).
13 (C) An in-state local criminal records check under
14 IC 31-9-2-22.5(4).
15 (D) An in-state child protection index check under
16 IC 31-33-26.
17 (2) If the individual has resided outside Indiana at any time
18 during the five (5) years preceding the individual's date of
19 hiring by the group home, the following checks have been
20 requested regarding the individual:
21 (A) An out-of-state child abuse registry check under
22 IC 31-9-2-22.5(2).
23 (B) An out-of-state local criminal records check under
24 IC 31-9-2-22.5(4).
25 (3) The individual's employment before the completion of the
26 criminal history check required under subsection (h) is
27 limited to training during which the individual:
28 (A) does not have contact with children who are under the
29 care and control of the group home; and
30 (B) does not have access to records containing information
31 regarding children who are under the care and control of
32 the group home.
33 (4) The individual completes an attestation, under penalty of
34 perjury, disclosing:
35 (A) any abuse or neglect complaints made against the
36 individual with the child welfare agency of a state other
37 than Indiana in which the individual resided within the five
38 (5) years preceding the date of the attestation; and
39 (B) any contact the individual had with a law enforcement
40 agency in connection with the individual's suspected or
41 alleged commission of a crime in a state other than Indiana
42 in which the individual resided within the five (5) years
ES 266—LS 7075/DI 148 7
1 preceding the date of the attestation.
2 (i) (j) The applicant is responsible for any fees associated with a
3 criminal history check.
4 (j) (k) The department shall, at the applicant's request, inform the
5 applicant as to whether the department has or does not have a record of
6 the person who is the subject of a criminal history check and whether
7 the department has identified the person as an alleged perpetrator of
8 abuse or neglect. The department may not provide to the applicant any
9 details or personally identifying information contained in any child
10 protective services investigation report.
11 (k) (l) A person who is the subject of a criminal history check
12 conducted in accordance with this section may request the state police
13 department to provide the person with a copy of any state or national
14 criminal history report concerning the person.
15 SECTION 4. IC 31-27-6-2, AS AMENDED BY P.L.243-2019,
16 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 UPON PASSAGE]: Sec. 2. (a) An applicant must apply for a child
18 placing agency license on forms provided by the department.
19 (b) An applicant must submit the required information as part of the
20 application.
21 (c) The applicant must submit with the application a statement
22 attesting the following:
23 (1) Whether the applicant has been convicted of:
24 (A) a felony; or
25 (B) a misdemeanor relating to the health and safety of
26 children.
27 (2) Whether the applicant has been charged with:
28 (A) a felony; or
29 (B) a misdemeanor relating to the health and safety of
30 children;
31 during the pendency of the application.
32 (d) The department on behalf of an applicant, or, at the discretion of
33 the department, an applicant, shall conduct a criminal history check of
34 the following:
35 (1) Each individual who is an applicant.
36 (2) The director or manager of a facility where children will be
37 placed.
38 (3) Each employee, volunteer, or contractor of the applicant.
39 (e) If the applicant conducts a criminal history check under
40 subsection (d), the applicant shall:
41 (1) maintain records of the information it receives concerning
42 each individual who is the subject of a criminal history check; and
ES 266—LS 7075/DI 148 8
1 (2) submit to the department a copy of the information it receives
2 concerning each person described in subsection (d)(1) through
3 (d)(3).
4 (f) If the department conducts a criminal history check on behalf of
5 an applicant under subsection (d), the department shall:
6 (1) determine whether the subject of a national fingerprint based
7 criminal history check has a record of a:
8 (A) conviction for a felony;
9 (B) conviction for a misdemeanor relating to the health and
10 safety of a child; or
11 (C) juvenile adjudication for a nonwaivable offense, as defined
12 in IC 31-9-2-84.8 that, if committed by an adult, would be a
13 felony;
14 (2) notify the applicant of the determination under subdivision (1)
15 without identifying a specific offense or other identifying
16 information concerning a conviction or juvenile adjudication
17 contained in the national criminal history record information;
18 (3) submit to the applicant a copy of any state limited criminal
19 history report that the department receives on behalf of any person
20 described in subsection (d); and
21 (4) maintain a record of every report and all information the
22 department receives concerning a person described in subsection
23 (d).
24 (g) Except as provided in subsection (h), a criminal history check
25 described in subsection (d) is required only at the time an application
26 for a new license or the renewal of an existing license is submitted.
27 (h) Except as provided in subsection (i), a criminal history check
28 of each person described in subsection (d)(2) or (d)(3) must be
29 completed on or before the date the person:
30 (1) is employed;
31 (2) is assigned as a volunteer; or
32 (3) enters into, or the person's employing entity enters into, a
33 contract with the applicant.
34 (i) An individual may be employed by a child placing agency as
35 an employee, volunteer, or contractor before a criminal history
36 check of the individual is completed as required under subsection
37 (h) if all of the following conditions are satisfied:
38 (1) The following checks have been completed regarding the
39 individual:
40 (A) A fingerprint based check of national crime
41 information data bases under IC 31-9-2-22.5(1).
42 (B) A national sex offender registry check under
ES 266—LS 7075/DI 148 9
1 IC 31-9-2-22.5(3).
2 (C) An in-state local criminal records check under
3 IC 31-9-2-22.5(4).
4 (D) An in-state child protection index check under
5 IC 31-33-26.
6 (2) If the individual has resided outside Indiana at any time
7 during the five (5) years preceding the individual's date of
8 hiring by the child placing agency, the following checks have
9 been requested regarding the individual:
10 (A) An out-of-state child abuse registry check under
11 IC 31-9-2-22.5(2).
12 (B) An out-of-state local criminal records check under
13 IC 31-9-2-22.5(4).
14 (3) The individual's employment before the completion of the
15 criminal history check required under subsection (h) is
16 limited to training during which the individual:
17 (A) does not have contact with children who are under the
18 care and control of the child placing agency; and
19 (B) does not have access to records containing information
20 regarding children who are under the care and control of
21 the child placing agency.
22 (4) The individual completes an attestation, under penalty of
23 perjury, disclosing:
24 (A) any abuse or neglect complaints made against the
25 individual with the child welfare agency of a state other
26 than Indiana in which the individual resided within the five
27 (5) years preceding the date of the attestation; and
28 (B) any contact the individual had with a law enforcement
29 agency in connection with the individual's suspected or
30 alleged commission of a crime in a state other than Indiana
31 in which the individual resided within the five (5) years
32 preceding the date of the attestation.
33 (i) (j) The applicant or facility is responsible for any fees associated
34 with a criminal history check.
35 (j) (k) The department shall, at the applicant's request, inform the
36 applicant whether the department has or does not have a record of the
37 person who is the subject of a criminal history check and if the
38 department has identified the person as an alleged perpetrator of abuse
39 or neglect. The department may not provide to the applicant any details
40 or personally identifying information contained in any child protective
41 investigation report.
42 (k) (l) A person who is the subject of a criminal history check
ES 266—LS 7075/DI 148 10
1 conducted in accordance with this section may request the state police
2 department to provide the person with a copy of any state or national
3 criminal history report concerning the person.
4 SECTION 5. IC 31-27-7 IS ADDED TO THE INDIANA CODE AS
5 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
6 1, 2022]:
7 Chapter 7. Department Base Rates Review
8 Sec. 1. As used in this chapter, "base rate" has the same
9 meaning as set forth in 465 IAC 2-16-4 (as in effect on December
10 31, 2021).
11 Sec. 2. As used in this chapter, "cost report" means a report
12 submitted to the department by a residential treatment services
13 provider specifying costs incurred by the residential treatment
14 services provider during a twelve (12) month period.
15 Sec. 3. As used in this chapter, "residential treatment services
16 provider" means the following:
17 (1) A child caring institution, as defined in IC 31-9-2-16.7.
18 (2) A group home, as defined in IC 31-9-2-48.5.
19 (3) A secure private facility, as defined in IC 31-9-2-115.
20 (4) A licensed child placing agency, as defined in
21 IC 31-9-2-17.5.
22 Sec. 4. For purposes of this chapter, the department shall
23 determine whether a cost is reasonable based on what a reasonable
24 person would pay in the same or similar circumstances for the
25 same or similar item or service.
26 Sec. 5. (a) A residential treatment services provider may request
27 a review of the base rates approved by the department if the
28 residential treatment services provider believes that an error or
29 omission was made in the:
30 (1) cost report that the residential treatment services provider
31 submitted to the department;
32 (2) department's calculation of the base rate; or
33 (3) department's determination of the reasonableness of a
34 cost.
35 (b) A request for review under subsection (a) must be:
36 (1) submitted in writing to the department; and
37 (2) received by the department not more than thirty (30) days
38 after the date on which the department mailed a rate letter to
39 the residential treatment services provider.
40 Compliance with subdivision (2) is determined in the same manner
41 by which compliance with the requirements for actions related to
42 administrative proceedings is determined under IC 4-21.5-3-1 and
ES 266—LS 7075/DI 148 11
1 IC 4-21.5-3-2.
2 (c) A residential treatment services provider making a request
3 for review under subsection (a) shall submit the request for review
4 in the form and manner specified by the department, including:
5 (1) identification of the current base rate and approved new
6 base rate, as applicable to a specific program or service
7 offered by the residential treatment services provider;
8 (2) an itemized statement of administrative and indirect costs
9 that the residential treatment services provider considers
10 allowable under this chapter;
11 (3) a clear, concise statement of the reasons for the requested
12 change; and
13 (4) a detailed statement supporting the requested change.
14 The department shall not accept or process an incomplete request
15 for review.
16 (d) If a residential treatment services provider that submits a
17 request for review under this chapter has a current license that is
18 subject to current revocation proceedings, the department shall not
19 act upon the request for review.
20 (e) Not more than thirty (30) days after the date on which the
21 department receives a request for review submitted under this
22 chapter, the department shall conduct a review and:
23 (1) mail the same written notice and an explanation of the
24 department's decision to:
25 (A) the residential treatment services provider;
26 (B) the state representative and senator of the district in
27 which the residential treatment services provider is
28 located;
29 (C) the chairperson of the house committee on family,
30 children, and human affairs; and
31 (D) the chairperson of the senate committee on family and
32 children services; and
33 (2) publish the notice and explanation on the department's
34 Internet web site.
35 (f) The explanation of the department's decision under
36 subsection (e) must include a detailed explanation of the following:
37 (1) The specific portion of the disputed cost that is being
38 approved or denied for reimbursement.
39 (2) Why the disputed cost being denied is unreasonable.
40 (3) The information the department used to make its
41 determination.
42 Sec. 6. If the residential treatment services provider proves that
ES 266—LS 7075/DI 148 12
1 a cost was previously covered for any provider, or is associated
2 with:
3 (1) accreditation;
4 (2) staff safety;
5 (3) child safety; or
6 (4) a department requirement;
7 the department shall give special consideration to approval of the
8 cost.
9 SECTION 6. IC 34-30-2-133.6, AS ADDED BY P.L.146-2008,
10 SECTION 680, IS AMENDED TO READ AS FOLLOWS
11 [EFFECTIVE UPON PASSAGE]: Sec. 133.6. IC 31-25-2-2.5
12 (Concerning the officers, and other employees, and certain
13 contractors of the department of child services).
14 SECTION 7. [EFFECTIVE UPON PASSAGE] (a) The legislative
15 council is urged to assign to the appropriate interim study
16 committee the topic of privatizing the department of child services.
17 (b) This SECTION expires January 1, 2023.
18 SECTION 8. An emergency is declared for this act.
ES 266—LS 7075/DI 148 13
COMMITTEE REPORT
Madam President: The Senate Committee on Family and Children
Services, to which was referred Senate Bill No. 266, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 3, line 2, delete "and send notice of" and insert "and:
(1) mail written notice and an explanation of the department's
decision to:
(A) the residential treatment services provider;
(B) the state representative and senator of the district in
which the residential treatment services provider is
located;
(C) the chairperson of the house committee on family,
children, and human affairs; and
(D) the chairperson of the senate committee on family and
children services; and
(2) publish the notice and explanation on the department's
Internet web site.".
Page 3, delete lines 3 through 5, begin a new paragraph and insert:
"(f) The explanation of the department's decision under
subsection (e) must include a robust explanation of the following:".
Page 3, line 15, delete "approve the cost." and insert "give special
consideration to approval of the cost.".
and when so amended that said bill do pass.
(Reference is to SB 266 as introduced.)
ROGERS, Chairperson
Committee Vote: Yeas 6, Nays 0.
_____
SENATE MOTION
Madam President: I move that Senate Bill 266 be amended to read
as follows:
Page 3, after line 27, begin a new paragraph and insert:
"SECTION 2. [EFFECTIVE UPON PASSAGE] (a) The legislative
council is urged to assign to the appropriate interim study
committee the topic of privatizing the department of child services.
ES 266—LS 7075/DI 148 14
(b) This SECTION expires January 1, 2023.
SECTION 3. An emergency is declared for this act.".
Renumber all SECTIONS consecutively.
(Reference is to SB 266 as printed January 25, 2022.)
HOLDMAN
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Family, Children and Human
Affairs, to which was referred Senate Bill 266, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert the following:
"SECTION 1. IC 31-25-2-2.5, AS ADDED BY P.L.146-2008,
SECTION 563, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2.5. (a) The following are not
personally liable, except to the state, for an official act done or omitted
in connection with performance of duties under this title:
(1) The director of the department.
(2) Other officers and employees of the department.
(b) An individual or a nonprofit corporation organized under
the laws of Indiana is not liable, except to the state, for an act done
or omitted in connection with the individual's or nonprofit
corporation's provision of services described in section 7(a) of this
chapter under a contract entered into with the department.
SECTION 2. IC 31-27-3-3, AS AMENDED BY P.L.243-2019,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) An applicant must apply for a child
caring institution license on forms provided by the department.
(b) An applicant must submit the required information as part of the
application.
(c) The applicant must submit with the application a statement
attesting the following:
(1) Whether the applicant has been convicted of:
(A) a felony; or
(B) a misdemeanor relating to the health and safety of
children.
(2) Whether the applicant has been charged with:
ES 266—LS 7075/DI 148 15
(A) a felony; or
(B) a misdemeanor relating to the health and safety of
children;
during the pendency of the application.
(d) The department, on behalf of an applicant, or, at the discretion
of the department, an applicant, shall conduct a criminal history check
of the following:
(1) Each individual who is an applicant.
(2) The director or manager of a facility where children will be
placed.
(3) Each employee, volunteer, or contractor of the applicant.
(e) If the applicant conducts a criminal history check under
subsection (d), the applicant shall:
(1) maintain records of the information it receives concerning
each individual who is the subject of a criminal history check; and
(2) submit to the department a copy of the information it receives
concerning each person described in subsection (d)(1) through
(d)(3).
(f) If the department conducts a criminal history check on behalf of
an applicant under subsection (d), the department shall:
(1) determine whether the subject of a national fingerprint based
criminal history check has a record of:
(A) a conviction for a felony;
(B) a conviction for a misdemeanor relating to the health and
safety of a child; or
(C) 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;
(2) notify the applicant of the determination under subdivision (1)
without identifying a specific offense or other identifying
information concerning a conviction or juvenile adjudication
contained in the national criminal history record information;
(3) submit to the applicant a copy of any state limited criminal
history report that the department receives on behalf of any person
described in subsection (d); and
(4) maintain a record of every report and all information the
department receives concerning a person described in subsection
(d).
(g) Except as provided in subsection (h), a criminal history check
described in subsection (d) is required only at the time an application
for a new license or the renewal of an existing license is submitted.
(h) Except as provided in subsection (i), a criminal history check
ES 266—LS 7075/DI 148 16
of each person described in subsection (d)(2) or (d)(3) must be
completed on or before the date the person:
(1) is employed;
(2) is assigned as a volunteer; or
(3) enters into, or the person's employing entity enters into, a
contract with the applicant.
(i) An individual may be employed by a child caring institution
as an employee, volunteer, or contractor before a criminal history
check of the individual is completed as required under subsection
(h) if all of the following conditions are satisfied:
(1) The following checks have been completed regarding the
individual:
(A) A fingerprint based check of national crime
information data bases under IC 31-9-2-22.5(1).
(B) A national sex offender registry check under
IC 31-9-2-22.5(3).
(C) An in-state local criminal records check under
IC 31-9-2-22.5(4).
(D) An in-state child protection index check under
IC 31-33-26.
(2) If the individual has resided outside Indiana at any time
during the five (5) years preceding the individual's date of
hiring by the child caring institution, the following checks
have been requested regarding the individual:
(A) An out-of-state child abuse registry check under
IC 31-9-2-22.5(2).
(B) An out-of-state local criminal records check under
IC 31-9-2-22.5(4).
(3) The individual's employment before the completion of the
criminal history check required under subsection (h) is
limited to training during which the individual:
(A) does not have contact with children who are under the
care and control of the child caring institution; and
(B) does not have access to records containing information
regarding children who are under the care and control of
the child caring institution.
(4) The individual completes an attestation, under penalty of
perjury, disclosing:
(A) any abuse or neglect complaints made against the
individual with the child welfare agency of a state other
than Indiana in which the individual resided within the five
(5) years preceding the date of the attestation; and
ES 266—LS 7075/DI 148 17
(B) any contact the individual had with a law enforcement
agency in connection with the individual's suspected or
alleged commission of a crime in a state other than Indiana
in which the individual resided within the five (5) years
preceding the date of the attestation.
(i) (j) The applicant or facility is responsible for any fees associated
with a criminal history check.
(j) (k) The department shall, at the applicant's request, inform the
applicant whether the department has or does not have a record of the
person who is the subject of a criminal history check and if the
department has identified the person as an alleged perpetrator of abuse
or neglect. The department may not provide to the applicant any details
or personally identifying information contained in any child protective
services investigation report.
(k) (l) A person who is the subject of a criminal history check
conducted in accordance with this section may request the state police
department to provide the person with a copy of any state or national
criminal history report concerning the person.
SECTION 3. IC 31-27-5-4, AS AMENDED BY P.L.243-2019,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) An applicant must apply for a group
home license on forms provided by the department.
(b) An applicant must submit the required information as part of the
application.
(c) An applicant must submit with the application a statement
attesting the following:
(1) Whether the applicant has been convicted of:
(A) a felony; or
(B) a misdemeanor relating to the health and safety of
children.
(2) Whether the applicant has been charged with:
(A) a felony; or
(B) a misdemeanor relating to the health and safety of
children;
during the pendency of the application.
(d) The department on behalf of an applicant, or, at the discretion of
the department, an applicant, shall conduct a criminal history check of
the following:
(1) Each individual who is an applicant.
(2) The director or manager of a facility where children will be
placed.
(3) Each employee, volunteer, or contractor of the applicant.
ES 266—LS 7075/DI 148 18
(e) If the applicant conducts a criminal history check under
subsection (d), the applicant shall:
(1) maintain records of the information it receives concerning
each individual who is the subject of a criminal history check; and
(2) submit to the department a copy of the information the
applicant receives concerning each person described in subsection
(d)(1) through (d)(3).
(f) If the department conducts a criminal history check on behalf of
an applicant under subsection (d), the department shall:
(1) determine whether the subject of a national fingerprint based
criminal history check has a record of a:
(A) conviction for a felony;
(B) conviction for a misdemeanor relating to the health and
safety of a child; or
(C) 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;
(2) notify the applicant of the determination under subdivision (1)
without identifying a specific offense or other identifying
information concerning a conviction or juvenile adjudication
contained in the national criminal history record information;
(3) submit to the applicant a copy of any state limited criminal
history report that the department receives on behalf of any person
described in subsection (d); and
(4) maintain a record of every report and all information it
receives concerning a person described in subsection (d).
(g) Except as provided in subsection (h), a criminal history check
described in subsection (d) is required only at the time an application
for a new license or the renewal of an existing license is submitted.
(h) Except as provided in subsection (i), a criminal history check
of each person described in subsection (d)(2) or (d)(3) must be
completed on or before the date the person:
(1) is employed;
(2) is assigned as a volunteer; or
(3) enters into, or the person's employing entity enters into, a
contract with the applicant.
(i) An individual may be employed by a group home as an
employee, volunteer, or contractor before a criminal history check
of the individual is completed as required under subsection (h) if
all of the following conditions are satisfied:
(1) The following checks have been completed regarding the
individual:
ES 266—LS 7075/DI 148 19
(A) A fingerprint based check of national crime
information data bases under IC 31-9-2-22.5(1).
(B) A national sex offender registry check under
IC 31-9-2-22.5(3).
(C) An in-state local criminal records check under
IC 31-9-2-22.5(4).
(D) An in-state child protection index check under
IC 31-33-26.
(2) If the individual has resided outside Indiana at any time
during the five (5) years preceding the individual's date of
hiring by the group home, the following checks have been
requested regarding the individual:
(A) An out-of-state child abuse registry check under
IC 31-9-2-22.5(2).
(B) An out-of-state local criminal records check under
IC 31-9-2-22.5(4).
(3) The individual's employment before the completion of the
criminal history check required under subsection (h) is
limited to training during which the individual:
(A) does not have contact with children who are under the
care and control of the group home; and
(B) does not have access to records containing information
regarding children who are under the care and control of
the group home.
(4) The individual completes an attestation, under penalty of
perjury, disclosing:
(A) any abuse or neglect complaints made against the
individual with the child welfare agency of a state other
than Indiana in which the individual resided within the five
(5) years preceding the date of the attestation; and
(B) any contact the individual had with a law enforcement
agency in connection with the individual's suspected or
alleged commission of a crime in a state other than Indiana
in which the individual resided within the five (5) years
preceding the date of the attestation.
(i) (j) The applicant is responsible for any fees associated with a
criminal history check.
(j) (k) The department shall, at the applicant's request, inform the
applicant as to whether the department has or does not have a record of
the person who is the subject of a criminal history check and whether
the department has identified the person as an alleged perpetrator of
abuse or neglect. The department may not provide to the applicant any
ES 266—LS 7075/DI 148 20
details or personally identifying information contained in any child
protective services investigation report.
(k) (l) A person who is the subject of a criminal history check
conducted in accordance with this section may request the state police
department to provide the person with a copy of any state or national
criminal history report concerning the person.
SECTION 4. IC 31-27-6-2, AS AMENDED BY P.L.243-2019,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) An applicant must apply for a child
placing agency license on forms provided by the department.
(b) An applicant must submit the required information as part of the
application.
(c) The applicant must submit with the application a statement
attesting the following:
(1) Whether the applicant has been convicted of:
(A) a felony; or
(B) a misdemeanor relating to the health and safety of
children.
(2) Whether the applicant has been charged with:
(A) a felony; or
(B) a misdemeanor relating to the health and safety of
children;
during the pendency of the application.
(d) The department on behalf of an applicant, or, at the discretion of
the department, an applicant, shall conduct a criminal history check of
the following:
(1) Each individual who is an applicant.
(2) The director or manager of a facility where children will be
placed.
(3) Each employee, volunteer, or contractor of the applicant.
(e) If the applicant conducts a criminal history check under
subsection (d), the applicant shall:
(1) maintain records of the information it receives concerning
each individual who is the subject of a criminal history check; and
(2) submit to the department a copy of the information it receives
concerning each person described in subsection (d)(1) through
(d)(3).
(f) If the department conducts a criminal history check on behalf of
an applicant under subsection (d), the department shall:
(1) determine whether the subject of a national fingerprint based
criminal history check has a record of a:
(A) conviction for a felony;
ES 266—LS 7075/DI 148 21
(B) conviction for a misdemeanor relating to the health and
safety of a child; or
(C) 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;
(2) notify the applicant of the determination under subdivision (1)
without identifying a specific offense or other identifying
information concerning a conviction or juvenile adjudication
contained in the national criminal history record information;
(3) submit to the applicant a copy of any state limited criminal
history report that the department receives on behalf of any person
described in subsection (d); and
(4) maintain a record of every report and all information the
department receives concerning a person described in subsection
(d).
(g) Except as provided in subsection (h), a criminal history check
described in subsection (d) is required only at the time an application
for a new license or the renewal of an existing license is submitted.
(h) Except as provided in subsection (i), a criminal history check
of each person described in subsection (d)(2) or (d)(3) must be
completed on or before the date the person:
(1) is employed;
(2) is assigned as a volunteer; or
(3) enters into, or the person's employing entity enters into, a
contract with the applicant.
(i) An individual may be employed by a child placing agency as
an employee, volunteer, or contractor before a criminal history
check of the individual is completed as required under subsection
(h) if all of the following conditions are satisfied:
(1) The following checks have been completed regarding the
individual:
(A) A fingerprint based check of national crime
information data bases under IC 31-9-2-22.5(1).
(B) A national sex offender registry check under
IC 31-9-2-22.5(3).
(C) An in-state local criminal records check under
IC 31-9-2-22.5(4).
(D) An in-state child protection index check under
IC 31-33-26.
(2) If the individual has resided outside Indiana at any time
during the five (5) years preceding the individual's date of
hiring by the child placing agency, the following checks have
ES 266—LS 7075/DI 148 22
been requested regarding the individual:
(A) An out-of-state child abuse registry check under
IC 31-9-2-22.5(2).
(B) An out-of-state local criminal records check under
IC 31-9-2-22.5(4).
(3) The individual's employment before the completion of the
criminal history check required under subsection (h) is
limited to training during which the individual:
(A) does not have contact with children who are under the
care and control of the child placing agency; and
(B) does not have access to records containing information
regarding children who are under the care and control of
the child placing agency.
(4) The individual completes an attestation, under penalty of
perjury, disclosing:
(A) any abuse or neglect complaints made against the
individual with the child welfare agency of a state other
than Indiana in which the individual resided within the five
(5) years preceding the date of the attestation; and
(B) any contact the individual had with a law enforcement
agency in connection with the individual's suspected or
alleged commission of a crime in a state other than Indiana
in which the individual resided within the five (5) years
preceding the date of the attestation.
(i) (j) The applicant or facility is responsible for any fees associated
with a criminal history check.
(j) (k) The department shall, at the applicant's request, inform the
applicant whether the department has or does not have a record of the
person who is the subject of a criminal history check and if the
department has identified the person as an alleged perpetrator of abuse
or neglect. The department may not provide to the applicant any details
or personally identifying information contained in any child protective
investigation report.
(k) (l) A person who is the subject of a criminal history check
conducted in accordance with this section may request the state police
department to provide the person with a copy of any state or national
criminal history report concerning the person.".
Page 3, line 3, after "mail" insert "the same".
Page 3, line 16, delete "robust" and insert "detailed".
Page 3, line 17, delete "department's approval or denial." and insert
"specific portion of the disputed cost that is being approved or
denied for reimbursement.".
ES 266—LS 7075/DI 148 23
Page 3, line 18, delete "The reasonableness of each disputed cost."
and insert "Why the disputed cost being denied is unreasonable.".
Page 3, between lines 18 and 19, begin a new line block indented
and insert:
"(3) The information the department used to make its
determination.".
Page 3, between lines 27 and 28, begin a new paragraph and insert:
"SECTION 6. IC 34-30-2-133.6, AS ADDED BY P.L.146-2008,
SECTION 680, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 133.6. IC 31-25-2-2.5
(Concerning the officers, and other employees, and certain
contractors of the department of child services).".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 266 as reprinted January 28, 2022.)
DEVON
Committee Vote: yeas 12, nays 0.
ES 266—LS 7075/DI 148