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.
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between statutes enacted by the 2021 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 266
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:
SECTION 1. 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:
(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
SEA 266 — CC 1 2
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
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
SEA 266 — CC 1 3
(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
(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
SEA 266 — CC 1 4
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 2. 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.
(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:
SEA 266 — CC 1 5
(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:
(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
SEA 266 — CC 1 6
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
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 31-27-6-2, 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
SEA 266 — CC 1 7
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;
(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;
SEA 266 — CC 1 8
(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
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
SEA 266 — CC 1 9
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.
SECTION 4. IC 31-27-7 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2022]:
Chapter 7. Department Base Rates Review
Sec. 1. As used in this chapter, "base rate" has the same
meaning as set forth in 465 IAC 2-16-4 (as in effect on December
31, 2021).
Sec. 2. As used in this chapter, "child services provider" means
the following:
(1) A child caring institution, as defined in IC 31-9-2-16.7.
(2) A group home, as defined in IC 31-9-2-48.5.
(3) A licensed child placing agency, as defined in
IC 31-9-2-17.5.
(4) A secure private facility, as defined in IC 31-9-2-115.
SEA 266 — CC 1 10
Sec. 3. As used in this chapter, "cost report" has the meaning set
forth in 465 IAC 2-16-5 (as in effect on December 31, 2021).
Sec. 4. For purposes of this chapter, the department shall
determine whether a cost is reasonable based on what a reasonable
person would pay in the same or similar circumstances for the
same or similar item or service.
Sec. 5. (a) A child services provider may request a review of the
base rates approved by the department if the child services
provider believes that an error or omission was made in the:
(1) cost report that the child services provider submitted to
the department;
(2) department's calculation of the base rate; or
(3) department's determination of the reasonableness of a
cost.
(b) A request for review under subsection (a) must be:
(1) submitted in writing to the department; and
(2) received by the department not more than thirty (30) days
after the date on which the department mailed a rate letter to
the child services provider.
Compliance with subdivision (2) is determined in the same manner
by which compliance with the requirements for actions related to
administrative proceedings is determined under IC 4-21.5-3-1 and
IC 4-21.5-3-2.
(c) A child services provider making a request for review under
subsection (a) shall submit the request for review in the form and
manner specified by the department, including:
(1) identification of the current base rate and approved new
base rate, as applicable to a specific program or service
offered by the child services provider;
(2) an itemized statement of administrative and indirect costs
that the child services provider considers allowable under this
chapter;
(3) a clear, concise statement of the reasons for the requested
change; and
(4) a detailed statement supporting the requested change.
The department shall not accept or process an incomplete request
for review.
(d) If a child services provider that submits a request for review
under this chapter has a current license that is subject to current
revocation proceedings, the department shall not act upon the
request for review.
(e) Not more than thirty (30) days after the date on which the
SEA 266 — CC 1 11
department receives a request for review submitted under this
chapter, the department shall conduct a review and:
(1) provide written notice and an explanation of the
department's decision to the child services provider; and
(2) publish the notice and explanation of the department's
decision on the department's Internet web site.
(f) The department shall provide to the commission on
improving the status of children the same notice and explanation
of the department's decision provided to the child services provider
under subsection (e), and the commission shall publish the notice
on the commission's Internet web site.
(g) The explanation of the department's decision under
subsection (e) must include a detailed explanation of the following:
(1) The specific portion of the disputed cost that is being
approved or denied for reimbursement.
(2) Why the disputed cost being denied is unreasonable.
(3) The information the department used to make its
determination.
Sec. 6. If the child services provider proves that a cost was
previously covered for any provider, or is associated with:
(1) accreditation;
(2) staff safety;
(3) child safety; or
(4) a department requirement;
the department may give special consideration to approval of the
cost.
SECTION 5. An emergency is declared for this act.
SEA 266 — CC 1 President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 266 — CC 1