1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE BILL No. 1277 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 12-7-2-149.1; IC 12-17.2; IC 16-38-5-3; |
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7 | 7 | | IC 20-27-9-12; IC 31-9-2-31; IC 31-33. |
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8 | 8 | | Synopsis: Regulation of child care centers. Allows a provider to |
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9 | 9 | | remain eligible to receive a voucher payment until a final determination |
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10 | 10 | | is made that the provider's license or eligibility is no longer in good |
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11 | 11 | | standing. Provides that a child care center is exempt from licensure if |
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12 | 12 | | the child care center complies with all of the requirements for child |
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13 | 13 | | care ministries, including registration. Makes conforming changes. |
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14 | 14 | | Effective: July 1, 2025. |
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15 | 15 | | Manning |
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16 | 16 | | January 13, 2025, read first time and referred to Committee on Family, Children and |
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17 | 17 | | Human Affairs. |
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18 | 18 | | 2025 IN 1277—LS 7015/DI 148 Introduced |
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19 | 19 | | First Regular Session of the 124th General Assembly (2025) |
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20 | 20 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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21 | 21 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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22 | 22 | | additions will appear in this style type, and deletions will appear in this style type. |
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23 | 23 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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24 | 24 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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25 | 25 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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26 | 26 | | a new provision to the Indiana Code or the Indiana Constitution. |
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27 | 27 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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28 | 28 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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29 | 29 | | HOUSE BILL No. 1277 |
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30 | 30 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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31 | 31 | | human services. |
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32 | 32 | | Be it enacted by the General Assembly of the State of Indiana: |
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33 | 33 | | 1 SECTION 1. IC 12-7-2-149.1, AS AMENDED BY P.L.10-2019, |
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34 | 34 | | 2 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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35 | 35 | | 3 JULY 1, 2025]: Sec. 149.1. "Provider" means the following: |
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36 | 36 | | 4 (1) For purposes of IC 12-10-7, the meaning set forth in |
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37 | 37 | | 5 IC 12-10-7-3. |
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38 | 38 | | 6 (2) For purposes of the following statutes, an individual, a |
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39 | 39 | | 7 partnership, a corporation, or a governmental entity that is |
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40 | 40 | | 8 enrolled in the Medicaid program under rules adopted under |
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41 | 41 | | 9 IC 4-22-2 by the office of Medicaid policy and planning: |
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42 | 42 | | 10 (A) IC 12-14-1 through IC 12-14-8. |
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43 | 43 | | 11 (B) IC 12-15, except IC 12-15-32, IC 12-15-33, and |
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44 | 44 | | 12 IC 12-15-34. |
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45 | 45 | | 13 (C) IC 12-17.6. |
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46 | 46 | | 14 (3) Except as provided in subdivisions (4) and (6), for purposes |
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47 | 47 | | 15 of IC 12-17.2, a person who operates a child care center or child |
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48 | 48 | | 16 care home under IC 12-17.2. |
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49 | 49 | | 17 (4) For purposes of IC 12-17.2-3.5, a person that: |
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50 | 50 | | 2025 IN 1277—LS 7015/DI 148 2 |
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51 | 51 | | 1 (A) provides child care; and |
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52 | 52 | | 2 (B) is directly paid for the provision of the child care under the |
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53 | 53 | | 3 federal Child Care and Development Fund voucher program |
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54 | 54 | | 4 administered under 45 CFR 98 and 45 CFR 99. |
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55 | 55 | | 5 The term does not include an individual who provides services to |
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56 | 56 | | 6 a person described in clauses (A) and (B), regardless of whether |
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57 | 57 | | 7 the individual receives compensation. |
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58 | 58 | | 8 (5) For purposes of IC 12-21-1 through IC 12-29-2, an |
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59 | 59 | | 9 organization: |
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60 | 60 | | 10 (A) that: |
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61 | 61 | | 11 (i) provides mental health services, as defined under 42 |
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62 | 62 | | 12 U.S.C. 300x-2(c); |
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63 | 63 | | 13 (ii) provides addiction services; or |
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64 | 64 | | 14 (iii) provides children's mental health services; |
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65 | 65 | | 15 (B) that has entered into a provider agreement with the |
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66 | 66 | | 16 division of mental health and addiction under IC 12-21-2-7 to |
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67 | 67 | | 17 provide services in the least restrictive, most appropriate |
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68 | 68 | | 18 setting; and |
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69 | 69 | | 19 (C) that is operated by one (1) of the following: |
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70 | 70 | | 20 (i) A city, town, county, or other political subdivision of the |
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71 | 71 | | 21 state. |
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72 | 72 | | 22 (ii) An agency of the state or of the United States. |
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73 | 73 | | 23 (iii) A political subdivision of another state. |
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74 | 74 | | 24 (iv) A hospital owned or operated by a unit of government |
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75 | 75 | | 25 or a building authority that is organized for the purpose of |
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76 | 76 | | 26 constructing facilities to be leased to units of government. |
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77 | 77 | | 27 (v) A corporation incorporated under IC 23-7-1.1 (before its |
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78 | 78 | | 28 repeal August 1, 1991) or IC 23-17. |
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79 | 79 | | 29 (vi) An organization that is exempt from federal income |
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80 | 80 | | 30 taxation under Section 501(c)(3) of the Internal Revenue |
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81 | 81 | | 31 Code. |
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82 | 82 | | 32 (vii) A university or college. |
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83 | 83 | | 33 (6) For purposes of IC 12-17.2-2-10, the following: |
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84 | 84 | | 34 (A) A person described in subdivision (4). |
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85 | 85 | | 35 (B) A child care center licensed under IC 12-17.2-4 or |
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86 | 86 | | 36 registered under IC 12-17.2-6. |
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87 | 87 | | 37 (C) A child care home licensed under IC 12-17.2-5. |
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88 | 88 | | 38 SECTION 2. IC 12-17.2-2-1, AS AMENDED BY THE |
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89 | 89 | | 39 TECHNICAL CORRECTIONS BILL OF THE 2025 GENERAL |
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90 | 90 | | 40 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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91 | 91 | | 41 JULY 1, 2025]: Sec. 1. The division shall perform the following duties: |
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92 | 92 | | 42 (1) Administer the licensing and monitoring of child care centers |
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93 | 93 | | 2025 IN 1277—LS 7015/DI 148 3 |
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94 | 94 | | 1 or child care homes in accordance with this article. |
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95 | 95 | | 2 (2) Ensure that a national criminal history background check of |
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96 | 96 | | 3 the following is completed through the state police department |
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97 | 97 | | 4 under IC 10-13-3-39 before issuing a license: |
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98 | 98 | | 5 (A) An applicant for a license. |
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99 | 99 | | 6 (B) An employee or volunteer of an applicant who may be |
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100 | 100 | | 7 present on the premises of the child care center or child care |
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101 | 101 | | 8 home during the operating hours of the child care center or |
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102 | 102 | | 9 child care home. |
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103 | 103 | | 10 (C) If an applicant is applying for a license to operate a child |
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104 | 104 | | 11 care home, the following: |
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105 | 105 | | 12 (i) The applicant's spouse. |
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106 | 106 | | 13 (ii) The applicant's household members who are at least |
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107 | 107 | | 14 eighteen (18) years of age or who are less than eighteen (18) |
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108 | 108 | | 15 years of age but have previously been waived from juvenile |
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109 | 109 | | 16 court to adult court. |
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110 | 110 | | 17 (3) Ensure that a national criminal history background check of |
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111 | 111 | | 18 the following is completed through the state police department |
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112 | 112 | | 19 under IC 10-13-3-39 before registering a child care ministry: |
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113 | 113 | | 20 (A) An applicant for a child care ministry registration. |
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114 | 114 | | 21 (B) An employee or volunteer of an applicant who may be |
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115 | 115 | | 22 present on the premises of the child care ministry during the |
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116 | 116 | | 23 operating hours of the child care ministry. |
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117 | 117 | | 24 (4) Provide for the issuance, denial, suspension, and revocation of |
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118 | 118 | | 25 licenses. |
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119 | 119 | | 26 (5) Cooperate with governing bodies of child care centers and |
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120 | 120 | | 27 child care homes and their staffs to improve standards of child |
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121 | 121 | | 28 care. |
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122 | 122 | | 29 (6) Prepare at least biannually a directory of licensees with a |
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123 | 123 | | 30 description of the program capacity and type of children served |
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124 | 124 | | 31 that will be distributed to the legislature, licensees, and other |
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125 | 125 | | 32 interested parties as a public document. |
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126 | 126 | | 33 (7) Deposit all license application fees collected under section 2 |
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127 | 127 | | 34 of this chapter in the division of family resources child care fund |
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128 | 128 | | 35 established by section 3 of this chapter. |
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129 | 129 | | 36 (8) Require each child care center or child care home to record |
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130 | 130 | | 37 proof of a child's date of birth before accepting the child. A child's |
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131 | 131 | | 38 date of birth may be proven by the child's original birth certificate |
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132 | 132 | | 39 or other reliable proof of the child's date of birth, including a duly |
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133 | 133 | | 40 attested transcript of a birth certificate. |
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134 | 134 | | 41 (9) Provide an Internet web site a website through which |
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135 | 135 | | 42 members of the public may obtain the following information: |
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136 | 136 | | 2025 IN 1277—LS 7015/DI 148 4 |
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137 | 137 | | 1 (A) Information concerning violations of this article by a |
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138 | 138 | | 2 licensed child care provider, including: |
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139 | 139 | | 3 (i) the identity of the child care provider; |
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140 | 140 | | 4 (ii) the date of the violation; and |
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141 | 141 | | 5 (iii) action taken by the division in response to the violation. |
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142 | 142 | | 6 (B) Current status of a child care provider's license. |
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143 | 143 | | 7 (C) Other relevant information. |
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144 | 144 | | 8 The Internet web site website may not contain the address of a |
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145 | 145 | | 9 child care home or information identifying an individual child. |
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146 | 146 | | 10 However, the site website may include the county and ZIP code |
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147 | 147 | | 11 in which a child care home is located. |
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148 | 148 | | 12 (10) Provide or approve training concerning safe sleeping |
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149 | 149 | | 13 practices for children to: |
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150 | 150 | | 14 (A) a provider who operates a child care program in the |
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151 | 151 | | 15 provider's home as described in IC 12-17.2-3.5-12.5; |
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152 | 152 | | 16 (B) a child care home licensed under IC 12-17.2-5; |
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153 | 153 | | 17 (C) a child care center licensed under IC 12-17.2-4 or |
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154 | 154 | | 18 registered under IC 12-17.2-6; and |
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155 | 155 | | 19 (D) a child care ministry registered under IC 12-17.2-6; |
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156 | 156 | | 20 including practices to reduce the risk of sudden infant death |
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157 | 157 | | 21 syndrome. |
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158 | 158 | | 22 SECTION 3. IC 12-17.2-2-8, AS AMENDED BY P.L.134-2024, |
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159 | 159 | | 23 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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160 | 160 | | 24 JULY 1, 2025]: Sec. 8. The division shall exempt from licensure the |
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161 | 161 | | 25 following programs: |
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162 | 162 | | 26 (1) A program for children enrolled in grades kindergarten |
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163 | 163 | | 27 through 12 that is operated by the department of education or a |
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164 | 164 | | 28 public or private school. |
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165 | 165 | | 29 (2) A program for children who become at least three (3) years of |
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166 | 166 | | 30 age as of December 1 of a particular school year (as defined in |
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167 | 167 | | 31 IC 20-18-2-17) that is operated by the department of education or |
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168 | 168 | | 32 a public or private school. |
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169 | 169 | | 33 (3) A nonresidential program for a child that provides child care |
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170 | 170 | | 34 for less than four (4) hours a day. |
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171 | 171 | | 35 (4) A recreation program for children that operates for not more |
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172 | 172 | | 36 than ninety (90) days in a calendar year. |
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173 | 173 | | 37 (5) A program whose primary purpose is to provide social, |
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174 | 174 | | 38 recreational, or religious activities for school age children, such |
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175 | 175 | | 39 as scouting, boys club, girls club, sports, or the arts. |
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176 | 176 | | 40 (6) A program operated to serve migrant children that: |
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177 | 177 | | 41 (A) provides services for children from migrant worker |
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178 | 178 | | 42 families; and |
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179 | 179 | | 2025 IN 1277—LS 7015/DI 148 5 |
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180 | 180 | | 1 (B) is operated during a single period of less than one hundred |
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181 | 181 | | 2 twenty (120) consecutive days during a calendar year. |
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182 | 182 | | 3 (7) A child care ministry or child care center registered under |
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183 | 183 | | 4 IC 12-17.2-6. |
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184 | 184 | | 5 (8) A child care home if the provider operates to serve migrant |
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185 | 185 | | 6 children. |
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186 | 186 | | 7 (9) A child care program operated by a public or private school |
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187 | 187 | | 8 that does the following: |
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188 | 188 | | 9 (A) Provides day care on school property for children of |
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189 | 189 | | 10 students or employees of schools in the school corporation in |
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190 | 190 | | 11 which the public or private school is located. |
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191 | 191 | | 12 (B) Complies with health, safety, and sanitation standards as |
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192 | 192 | | 13 determined by the division under section 4 of this chapter for |
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193 | 193 | | 14 child care centers or in accordance with a variance or waiver |
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194 | 194 | | 15 of a rule governing child care centers approved by the division |
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195 | 195 | | 16 under section 10 of this chapter. |
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196 | 196 | | 17 (C) Substantially complies with the fire and life safety rules as |
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197 | 197 | | 18 determined by the state fire marshal under rules adopted by the |
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198 | 198 | | 19 division under section 4 of this chapter for child care centers |
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199 | 199 | | 20 or in accordance with a variance or waiver of a rule governing |
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200 | 200 | | 21 child care centers approved by the division under section 10 of |
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201 | 201 | | 22 this chapter. |
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202 | 202 | | 23 (10) A school age child care program (commonly referred to as a |
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203 | 203 | | 24 latch key program) established under IC 20-26-5-2 that is |
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204 | 204 | | 25 operated by: |
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205 | 205 | | 26 (A) the department of education; |
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206 | 206 | | 27 (B) a public or private school; or |
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207 | 207 | | 28 (C) a public or private organization under a written contract |
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208 | 208 | | 29 with: |
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209 | 209 | | 30 (i) the department of education; or |
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210 | 210 | | 31 (ii) a public or private school. |
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211 | 211 | | 32 (11) A child care program that: |
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212 | 212 | | 33 (A) is operated by a public or private organization under a |
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213 | 213 | | 34 contract with a public or private school; |
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214 | 214 | | 35 (B) serves children who are enrolled in the public or private |
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215 | 215 | | 36 school in: |
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216 | 216 | | 37 (i) grades kindergarten through 12; or |
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217 | 217 | | 38 (ii) a preschool program offered by a public or private |
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218 | 218 | | 39 school as described in this subdivision; and |
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219 | 219 | | 40 (C) serves children who are: |
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220 | 220 | | 41 (i) attending school through remote or e-learning due to a |
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221 | 221 | | 42 disaster emergency declared under IC 10-14-3-12 or |
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222 | 222 | | 2025 IN 1277—LS 7015/DI 148 6 |
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223 | 223 | | 1 IC 10-14-3-29; or |
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224 | 224 | | 2 (ii) participating in a learning recovery program that |
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225 | 225 | | 3 administers an assessment to measure student learning loss |
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226 | 226 | | 4 and provides Indiana academic standards aligned |
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227 | 227 | | 5 instruction. |
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228 | 228 | | 6 (12) An educational program: |
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229 | 229 | | 7 (A) consisting of a group of not more than ten (10) students |
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230 | 230 | | 8 who attend the educational program in lieu of attending |
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231 | 231 | | 9 prekindergarten or kindergarten through grade 12 at a public |
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232 | 232 | | 10 or private school; |
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233 | 233 | | 11 (B) whose students meet in a single classroom in person or |
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234 | 234 | | 12 outside a classroom and which may include mixed age level |
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235 | 235 | | 13 groupings; and |
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236 | 236 | | 14 (C) that is under the supervision of a teacher or tutor. |
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237 | 237 | | 15 (13) If located in the same public or private school building: |
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238 | 238 | | 16 (A) a preschool program that is operated by the public or |
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239 | 239 | | 17 private school; and |
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240 | 240 | | 18 (B) either or both of the following: |
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241 | 241 | | 19 (i) A child care program described in subdivision (9). |
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242 | 242 | | 20 (ii) A school age child care program described in |
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243 | 243 | | 21 subdivision (10). |
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244 | 244 | | 22 (14) A child care program operated by a public or private school |
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245 | 245 | | 23 that does the following: |
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246 | 246 | | 24 (A) Provides day care on school property for children of |
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247 | 247 | | 25 employees of a business or organization with which the school |
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248 | 248 | | 26 has entered into a contract to provide services. If the school |
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249 | 249 | | 27 property is owned by the school, the school property must have |
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250 | 250 | | 28 been both: |
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251 | 251 | | 29 (i) owned by the school; and |
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252 | 252 | | 30 (ii) used for child care; |
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253 | 253 | | 31 on or before January 1, 2024. |
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254 | 254 | | 32 (B) Complies with health, safety, and sanitation standards as |
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255 | 255 | | 33 determined by the division under section 4 of this chapter for |
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256 | 256 | | 34 child care centers or in accordance with a variance or waiver |
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257 | 257 | | 35 of a rule governing child care centers approved by the division |
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258 | 258 | | 36 under section 10 of this chapter. |
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259 | 259 | | 37 (C) Substantially complies with the fire and life safety rules as |
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260 | 260 | | 38 determined by the state fire marshal under rules adopted by the |
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261 | 261 | | 39 division under section 4 of this chapter for child care centers |
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262 | 262 | | 40 or in accordance with a variance or waiver of a rule governing |
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263 | 263 | | 41 child care centers approved by the division under section 10 of |
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264 | 264 | | 42 this chapter. |
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265 | 265 | | 2025 IN 1277—LS 7015/DI 148 7 |
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266 | 266 | | 1 SECTION 4. IC 12-17.2-3.5-4, AS AMENDED BY P.L.121-2020, |
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267 | 267 | | 2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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268 | 268 | | 3 JULY 1, 2025]: Sec. 4. (a) A provider is ineligible to receive a voucher |
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269 | 269 | | 4 payment if the provider: |
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270 | 270 | | 5 (1) has been convicted of a: |
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271 | 271 | | 6 (A) felony: |
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272 | 272 | | 7 (i) related to the health or safety of a child; |
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273 | 273 | | 8 (ii) that is a sex offense (as defined in IC 11-8-8-5.2); |
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274 | 274 | | 9 (iii) that is a dangerous felony; or |
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275 | 275 | | 10 (iv) that is not a felony otherwise described in items (i) |
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276 | 276 | | 11 through (iii), and less than ten (10) years have elapsed from |
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277 | 277 | | 12 the date the person was discharged from probation, |
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278 | 278 | | 13 imprisonment, or parole, whichever discharge date is latest; |
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279 | 279 | | 14 (B) misdemeanor related to: |
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280 | 280 | | 15 (i) the health or safety of a child; or |
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281 | 281 | | 16 (ii) welfare fraud; |
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282 | 282 | | 17 (C) misdemeanor for operating a child care center without a |
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283 | 283 | | 18 license under IC 12-17.2-4-35, or of a substantially similar |
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284 | 284 | | 19 offense committed in another jurisdiction if the offense is |
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285 | 285 | | 20 directly or indirectly related to jeopardizing the health or |
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286 | 286 | | 21 safety of a child; or |
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287 | 287 | | 22 (D) misdemeanor for operating a child care home without a |
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288 | 288 | | 23 license under IC 12-17.2-5-35, or of a substantially similar |
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289 | 289 | | 24 offense committed in another jurisdiction if the offense is |
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290 | 290 | | 25 directly or indirectly related to jeopardizing the health or |
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291 | 291 | | 26 safety of a child; |
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292 | 292 | | 27 (2) allows an individual who has been convicted of a crime |
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293 | 293 | | 28 specified under subdivision (1) to reside with the provider, if the |
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294 | 294 | | 29 provider operates a child care program in the provider's home; |
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295 | 295 | | 30 (3) employs an individual or allows an individual to volunteer |
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296 | 296 | | 31 who: |
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297 | 297 | | 32 (A) may be on the premises of the facility where the provider |
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298 | 298 | | 33 operates a child care program during operating hours of the |
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299 | 299 | | 34 child care program; and |
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300 | 300 | | 35 (B) has been convicted of a crime specified in subdivision (1); |
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301 | 301 | | 36 (4) has had a revocation of eligibility under this chapter during |
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302 | 302 | | 37 the immediately preceding two (2) years; or |
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303 | 303 | | 38 (5) fails to meet the requirements of this chapter. |
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304 | 304 | | 39 (b) A provider whose: |
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305 | 305 | | 40 (1) license under IC 12-17.2-4 or IC 12-17.2-5; or |
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306 | 306 | | 41 (2) compliance with this chapter; |
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307 | 307 | | 42 is subject to an enforcement action is ineligible eligible to receive a |
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308 | 308 | | 2025 IN 1277—LS 7015/DI 148 8 |
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309 | 309 | | 1 voucher payment, regardless of whether if the provider meets the |
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310 | 310 | | 2 requirements of this chapter, until the outcome of any proceeding under |
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311 | 311 | | 3 IC 4-21.5 reflects a final determination that the provider's license or |
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312 | 312 | | 4 eligibility is no longer in good standing. |
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313 | 313 | | 5 (c) Subject to subsection (e), if the division decertifies a provider |
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314 | 314 | | 6 under this chapter, the provider: |
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315 | 315 | | 7 (1) may reapply for eligibility to receive a voucher payment at any |
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316 | 316 | | 8 time that the provider is able to demonstrate compliance with this |
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317 | 317 | | 9 chapter; and |
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318 | 318 | | 10 (2) is not eligible to receive a voucher payment under this chapter |
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319 | 319 | | 11 until the provider receives notice from the division that the |
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320 | 320 | | 12 provider's application under subdivision (1) has been approved. |
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321 | 321 | | 13 (d) In determining whether a provider meets the requirements of this |
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322 | 322 | | 14 chapter, the division may not consider religious instruction or |
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323 | 323 | | 15 activities. |
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324 | 324 | | 16 (e) The division may not decertify a provider until there has |
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325 | 325 | | 17 been a final determination in a proceeding under IC 4-21.5 that the |
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326 | 326 | | 18 provider's license or eligibility is no longer in good standing. |
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327 | 327 | | 19 SECTION 5. IC 12-17.2-4-1 IS AMENDED TO READ AS |
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328 | 328 | | 20 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) A child care |
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329 | 329 | | 21 center is exempt from licensure under this article if the child care |
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330 | 330 | | 22 center complies with all of the requirements in IC 12-17.2-6 for a |
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331 | 331 | | 23 child care ministry. |
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332 | 332 | | 24 (a) A person may not operate a child care center without a license |
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333 | 333 | | 25 issued under this article. |
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334 | 334 | | 26 (b) The state or a political subdivision of the state may not operate |
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335 | 335 | | 27 a child care center without a license issued under this article. |
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336 | 336 | | 28 (c) A person may not operate a child care center where: |
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337 | 337 | | 29 (1) the number of children maintained on the premises at any one |
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338 | 338 | | 30 (1) time is greater than the number authorized by the license; and |
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339 | 339 | | 31 (2) the children are maintained in a building or place not |
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340 | 340 | | 32 designated by the license. |
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341 | 341 | | 33 (b) A child care center may apply for licensure under this |
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342 | 342 | | 34 chapter. If a license is issued to the child care center, the child care |
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343 | 343 | | 35 center shall comply with state laws and rules governing licensure |
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344 | 344 | | 36 of the child care center. |
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345 | 345 | | 37 SECTION 6. IC 12-17.2-6-2, AS AMENDED BY P.L.187-2021, |
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346 | 346 | | 38 SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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347 | 347 | | 39 JULY 1, 2025]: Sec. 2. (a) An: |
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348 | 348 | | 40 (1) unlicensed child care ministry under section 1 of this chapter; |
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349 | 349 | | 41 or |
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350 | 350 | | 42 (2) unlicensed child care center under IC 12-17.2-4; |
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351 | 351 | | 2025 IN 1277—LS 7015/DI 148 9 |
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352 | 352 | | 1 may not operate unless the child care ministry or child care center has |
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353 | 353 | | 2 registered with and met the requirements of the division and the |
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354 | 354 | | 3 department of homeland security. Registration application forms shall |
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355 | 355 | | 4 be provided by the division and the department of homeland security. |
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356 | 356 | | 5 (b) A registration application under this section must include a |
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357 | 357 | | 6 current and valid electronic mail address for the applicant. |
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358 | 358 | | 7 (c) Registration under this section expires two (2) years after the |
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359 | 359 | | 8 date of issuance unless revoked, modified to a probationary or |
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360 | 360 | | 9 suspended status, or voluntarily returned. |
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361 | 361 | | 10 SECTION 7. IC 12-17.2-6-16, AS AMENDED BY P.L.121-2020, |
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362 | 362 | | 11 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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363 | 363 | | 12 JULY 1, 2025]: Sec. 16. (a) The following constitute sufficient grounds |
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364 | 364 | | 13 for denial of an application for registration under this chapter: |
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365 | 365 | | 14 (1) A determination by the department of child services of child |
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366 | 366 | | 15 abuse or neglect (as defined in IC 31-9-2-14) by: |
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367 | 367 | | 16 (A) the applicant; |
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368 | 368 | | 17 (B) an employee of the applicant who may be present on the |
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369 | 369 | | 18 premises of the child care ministry during operating hours of |
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370 | 370 | | 19 the child care ministry; or |
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371 | 371 | | 20 (C) a volunteer of the applicant who may be present on the |
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372 | 372 | | 21 premises of the child care ministry during operating hours of |
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373 | 373 | | 22 the child care ministry. |
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374 | 374 | | 23 (2) A criminal conviction of the applicant, or an employee or |
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375 | 375 | | 24 volunteer of the applicant who may be present on the premises of |
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376 | 376 | | 25 the child care ministry during operating hours of the child care |
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377 | 377 | | 26 ministry, of any of the following: |
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378 | 378 | | 27 (A) A felony: |
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379 | 379 | | 28 (i) related to the health or safety of a child; |
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380 | 380 | | 29 (ii) that is a sex offense (as defined in IC 11-8-8-5.2); |
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381 | 381 | | 30 (iii) that is a dangerous felony; or |
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382 | 382 | | 31 (iv) that is not a felony otherwise described in items (i) |
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383 | 383 | | 32 through (iii), and less than ten (10) years have elapsed from |
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384 | 384 | | 33 the date the person was discharged from probation, |
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385 | 385 | | 34 imprisonment, or parole, whichever discharge date is latest. |
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386 | 386 | | 35 (B) A misdemeanor related to the health or safety of a child. |
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387 | 387 | | 36 (C) A misdemeanor for operating a child care ministry without |
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388 | 388 | | 37 a registration under this chapter, or a substantially similar |
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389 | 389 | | 38 offense in another jurisdiction if the offense is directly or |
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390 | 390 | | 39 indirectly related to jeopardizing the health or safety of a child. |
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391 | 391 | | 40 (D) A misdemeanor for operating a child care center without |
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392 | 392 | | 41 a license under IC 12-17.2-4-35, or a substantially similar |
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393 | 393 | | 42 offense in another jurisdiction if the offense is directly or |
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394 | 394 | | 2025 IN 1277—LS 7015/DI 148 10 |
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395 | 395 | | 1 indirectly related to jeopardizing the health or safety of a child. |
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396 | 396 | | 2 (E) A misdemeanor for operating a child care home without a |
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397 | 397 | | 3 license under IC 12-17.2-5-35, or a substantially similar |
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398 | 398 | | 4 offense in another jurisdiction if the offense is directly or |
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399 | 399 | | 5 indirectly related to jeopardizing the health or safety of a child. |
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400 | 400 | | 6 (3) A determination by the division that the applicant made false |
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401 | 401 | | 7 statements in the applicant's application for registration. |
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402 | 402 | | 8 (4) A determination by the division that the applicant made false |
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403 | 403 | | 9 statements in the records required by the division. |
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404 | 404 | | 10 (5) A determination by the division that the applicant previously |
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405 | 405 | | 11 operated a: |
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406 | 406 | | 12 (A) child care ministry without a registration under this |
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407 | 407 | | 13 chapter; |
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408 | 408 | | 14 (B) child care center without a license under IC 12-17.2-4 or |
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409 | 409 | | 15 registration under this chapter; or |
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410 | 410 | | 16 (C) child care home without a license under IC 12-17.2-5. |
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411 | 411 | | 17 (b) Notwithstanding subsection (a)(2), if: |
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412 | 412 | | 18 (1) a registration application is denied due to a criminal |
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413 | 413 | | 19 conviction of an employee or a volunteer of the applicant; and |
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414 | 414 | | 20 (2) the division determines that the employee or volunteer has |
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415 | 415 | | 21 been dismissed by the applicant; |
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416 | 416 | | 22 the criminal conviction of the former employee or former volunteer |
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417 | 417 | | 23 does not require denial of the registration application. |
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418 | 418 | | 24 SECTION 8. IC 12-17.2-6-19, AS AMENDED BY P.L.121-2020, |
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419 | 419 | | 25 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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420 | 420 | | 26 JULY 1, 2025]: Sec. 19. (a) The following constitute sufficient grounds |
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421 | 421 | | 27 for revocation of a registration under this chapter: |
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422 | 422 | | 28 (1) A determination by the department of child services of child |
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423 | 423 | | 29 abuse or neglect (as defined in IC 31-9-2-14) by: |
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424 | 424 | | 30 (A) the operator of the child care ministry; |
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425 | 425 | | 31 (B) an employee of the child care ministry who may be present |
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426 | 426 | | 32 on the premises of the child care ministry during operating |
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427 | 427 | | 33 hours of the child care ministry; or |
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428 | 428 | | 34 (C) a volunteer of the child care ministry who may be present |
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429 | 429 | | 35 on the premises of the child care ministry during operating |
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430 | 430 | | 36 hours of the child care ministry. |
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431 | 431 | | 37 (2) A criminal conviction of the operator of the child care |
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432 | 432 | | 38 ministry, or an employee or volunteer of the child care ministry |
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433 | 433 | | 39 who may be present on the premises of the child care ministry |
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434 | 434 | | 40 during operating hours of the child care ministry, of any of the |
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435 | 435 | | 41 following: |
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436 | 436 | | 42 (A) A felony: |
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437 | 437 | | 2025 IN 1277—LS 7015/DI 148 11 |
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438 | 438 | | 1 (i) related to the health or safety of a child; |
---|
439 | 439 | | 2 (ii) that is a sex offense (as defined in IC 11-8-8-5.2); |
---|
440 | 440 | | 3 (iii) that is a dangerous felony; or |
---|
441 | 441 | | 4 (iv) that is not a felony otherwise described in items (i) |
---|
442 | 442 | | 5 through (iii), and less than ten (10) years have elapsed from |
---|
443 | 443 | | 6 the date the person was discharged from probation, |
---|
444 | 444 | | 7 imprisonment, or parole, whichever discharge date is latest. |
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445 | 445 | | 8 (B) A misdemeanor related to the health or safety of a child. |
---|
446 | 446 | | 9 (C) A misdemeanor for operating a child care ministry without |
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447 | 447 | | 10 a registration under this chapter, or a substantially similar |
---|
448 | 448 | | 11 offense in another jurisdiction if the offense is directly or |
---|
449 | 449 | | 12 indirectly related to jeopardizing the health or safety of a child. |
---|
450 | 450 | | 13 (D) A misdemeanor for operating a child care center without |
---|
451 | 451 | | 14 a license under IC 12-17.2-4-35, or a substantially similar |
---|
452 | 452 | | 15 offense in another jurisdiction if the offense is directly or |
---|
453 | 453 | | 16 indirectly related to jeopardizing the health or safety of a child. |
---|
454 | 454 | | 17 (E) A misdemeanor for operating a child care home without a |
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455 | 455 | | 18 license under IC 12-17.2-5-35, or a substantially similar |
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456 | 456 | | 19 offense in another jurisdiction if the offense is directly or |
---|
457 | 457 | | 20 indirectly related to jeopardizing the health or safety of a child. |
---|
458 | 458 | | 21 (3) A determination by the division that the operator of the child |
---|
459 | 459 | | 22 care ministry made false statements in the child care ministry's |
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460 | 460 | | 23 registration application. |
---|
461 | 461 | | 24 (4) A determination by the division that the operator of the child |
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462 | 462 | | 25 care ministry made false statements in the records required by the |
---|
463 | 463 | | 26 division. |
---|
464 | 464 | | 27 (5) A determination by the division that the operator of the child |
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465 | 465 | | 28 care ministry previously operated a: |
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466 | 466 | | 29 (A) child care ministry without a registration under this |
---|
467 | 467 | | 30 chapter; |
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468 | 468 | | 31 (B) child care center without a license under IC 12-17.2-4 or |
---|
469 | 469 | | 32 registration under this chapter; or |
---|
470 | 470 | | 33 (C) child care home without a license under IC 12-17.2-5. |
---|
471 | 471 | | 34 (b) Notwithstanding subsection (a)(2), if: |
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472 | 472 | | 35 (1) a registration is revoked due to a criminal conviction of an |
---|
473 | 473 | | 36 employee or a volunteer of the child care ministry; and |
---|
474 | 474 | | 37 (2) the division determines that the employee or volunteer has |
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475 | 475 | | 38 been dismissed by the child care ministry; |
---|
476 | 476 | | 39 the criminal conviction of the former employee or former volunteer |
---|
477 | 477 | | 40 does not require revocation of the registration. |
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478 | 478 | | 41 SECTION 9. IC 12-17.2-7.2-2, AS AMENDED BY P.L.92-2024, |
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479 | 479 | | 42 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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480 | 480 | | 2025 IN 1277—LS 7015/DI 148 12 |
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481 | 481 | | 1 JULY 1, 2025]: Sec. 2. As used in this chapter, "eligible provider" |
---|
482 | 482 | | 2 refers to a provider that satisfies the following conditions: |
---|
483 | 483 | | 3 (1) The provider is: |
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484 | 484 | | 4 (A) a: |
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485 | 485 | | 5 (i) child care center licensed under IC 12-17.2-4 or |
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486 | 486 | | 6 registered under IC 12-17.2-6; |
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487 | 487 | | 7 (ii) child care home licensed under IC 12-17.2-5; or |
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488 | 488 | | 8 (iii) child care ministry registered under IC 12-17.2-6; |
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489 | 489 | | 9 that meets the standards of quality recognized by a Level 3 or |
---|
490 | 490 | | 10 Level 4 paths to QUALITY program rating; |
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491 | 491 | | 11 (B) a public school, including a charter school; |
---|
492 | 492 | | 12 (C) a nonpublic school that is accredited by the state board of |
---|
493 | 493 | | 13 education or a national or regional accreditation agency that is |
---|
494 | 494 | | 14 recognized by the state board of education; or |
---|
495 | 495 | | 15 (D) a nonpublic school that is accredited to provide qualified |
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496 | 496 | | 16 early education services by an accrediting agency approved by |
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497 | 497 | | 17 the office of the secretary. |
---|
498 | 498 | | 18 (2) The provider: |
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499 | 499 | | 19 (A) provides qualified early education services to eligible |
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500 | 500 | | 20 children, limited eligibility children, and children of child care |
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501 | 501 | | 21 employees; |
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502 | 502 | | 22 (B) complies with the agreement with the office concerning |
---|
503 | 503 | | 23 the delivery of qualified education services and the use of a |
---|
504 | 504 | | 24 prekindergarten voucher provided under this chapter; and |
---|
505 | 505 | | 25 (C) complies with CCDF provider eligibility standards in |
---|
506 | 506 | | 26 accordance with federal requirements for health and safety. |
---|
507 | 507 | | 27 SECTION 10. IC 16-38-5-3, AS AMENDED BY P.L.130-2021, |
---|
508 | 508 | | 28 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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509 | 509 | | 29 JULY 1, 2025]: Sec. 3. (a) Records maintained as part of the |
---|
510 | 510 | | 30 immunization data registry are confidential. |
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511 | 511 | | 31 (b) The state department may release information from the |
---|
512 | 512 | | 32 immunization data registry to the individual or to the individual's |
---|
513 | 513 | | 33 parent or guardian if the individual is less than eighteen (18) years of |
---|
514 | 514 | | 34 age. |
---|
515 | 515 | | 35 (c) Subject to subsection (d), the state department may release |
---|
516 | 516 | | 36 information in the immunization data registry concerning an individual |
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517 | 517 | | 37 to the following persons or entities: |
---|
518 | 518 | | 38 (1) The immunization data registry of another state. |
---|
519 | 519 | | 39 (2) A provider or a provider's designee. |
---|
520 | 520 | | 40 (3) A local health department. |
---|
521 | 521 | | 41 (4) An elementary or secondary school that is attended by the |
---|
522 | 522 | | 42 individual. |
---|
523 | 523 | | 2025 IN 1277—LS 7015/DI 148 13 |
---|
524 | 524 | | 1 (5) A child care center that is: |
---|
525 | 525 | | 2 (A) licensed under IC 12-17.2-4; or |
---|
526 | 526 | | 3 (B) registered under IC 12-17.2-6; |
---|
527 | 527 | | 4 in which the individual is enrolled. |
---|
528 | 528 | | 5 (6) A child care home that is licensed under IC 12-17.2-5 in |
---|
529 | 529 | | 6 which the individual is enrolled. |
---|
530 | 530 | | 7 (7) A child care ministry that is registered under IC 12-17.2-6 in |
---|
531 | 531 | | 8 which the individual is enrolled. |
---|
532 | 532 | | 9 (8) The office of Medicaid policy and planning or a contractor of |
---|
533 | 533 | | 10 the office of Medicaid policy and planning. |
---|
534 | 534 | | 11 (9) A child placing agency licensed under IC 31-27. |
---|
535 | 535 | | 12 (10) A college or university (as defined in IC 21-7-13-10) that is |
---|
536 | 536 | | 13 attended by the individual. |
---|
537 | 537 | | 14 (11) An entity, including a private entity, for the purpose of |
---|
538 | 538 | | 15 outreach and education to increase immunization rates, if the |
---|
539 | 539 | | 16 following conditions are met: |
---|
540 | 540 | | 17 (A) The entity provides the following written information to |
---|
541 | 541 | | 18 the state department: |
---|
542 | 542 | | 19 (i) Information concerning the proposed outreach and |
---|
543 | 543 | | 20 education, including the information the entity needs from |
---|
544 | 544 | | 21 the immunization data registry. |
---|
545 | 545 | | 22 (ii) How the entity intends to use the information. |
---|
546 | 546 | | 23 (iii) The safeguards the entity will take to protect the identity |
---|
547 | 547 | | 24 of each individual whose records will be released. |
---|
548 | 548 | | 25 (B) The state department determines the proposed safeguards |
---|
549 | 549 | | 26 are adequate to protect the identity of each individual whose |
---|
550 | 550 | | 27 records will be released. |
---|
551 | 551 | | 28 (C) An agreement is executed between the state department |
---|
552 | 552 | | 29 and the entity that specifies the entity's permitted use of the |
---|
553 | 553 | | 30 records and prohibits the release of names of individuals or |
---|
554 | 554 | | 31 any facts that may lead to the identification of an individual. |
---|
555 | 555 | | 32 (12) The United States Centers for Disease Control and |
---|
556 | 556 | | 33 Prevention. |
---|
557 | 557 | | 34 (13) An Indiana nonprofit entity that performs health data services |
---|
558 | 558 | | 35 for health care providers, if the state department executes a data |
---|
559 | 559 | | 36 use agreement with the entity that specifies the permitted use and |
---|
560 | 560 | | 37 disclosure of any released information. |
---|
561 | 561 | | 38 (d) Before immunization data may be released to a person or an |
---|
562 | 562 | | 39 entity, the person or entity must enter into a data use agreement with |
---|
563 | 563 | | 40 the state department that provides that information that identifies a |
---|
564 | 564 | | 41 patient will not be released to any other person or entity without the |
---|
565 | 565 | | 42 written consent of the patient unless the release is to a person or entity |
---|
566 | 566 | | 2025 IN 1277—LS 7015/DI 148 14 |
---|
567 | 567 | | 1 described in subsection (c). |
---|
568 | 568 | | 2 (e) The state department may release summary statistics regarding |
---|
569 | 569 | | 3 information in the immunization data registry to a person or entity that |
---|
570 | 570 | | 4 has entered into a data use agreement with the state department. |
---|
571 | 571 | | 5 SECTION 11. IC 20-27-9-12, AS AMENDED BY P.L.168-2022, |
---|
572 | 572 | | 6 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
573 | 573 | | 7 JULY 1, 2025]: Sec. 12. (a) As used in this section, "child care center" |
---|
574 | 574 | | 8 means a nonresidential building where at least one (1) child receives |
---|
575 | 575 | | 9 child care from a provider licensed under IC 12-17.2-4 or registered |
---|
576 | 576 | | 10 under IC 12-17.2-6: |
---|
577 | 577 | | 11 (1) while unattended by a parent; |
---|
578 | 578 | | 12 (2) for regular compensation; and |
---|
579 | 579 | | 13 (3) for more than four (4) hours but less than twenty-four (24) |
---|
580 | 580 | | 14 hours in each of ten (10) consecutive days per year, excluding |
---|
581 | 581 | | 15 intervening Saturdays, Sundays, and holidays. |
---|
582 | 582 | | 16 (b) This subsection does not apply to a person with a developmental |
---|
583 | 583 | | 17 or physical disability who is provided transportation by a school |
---|
584 | 584 | | 18 corporation by means of a special purpose bus as provided in section |
---|
585 | 585 | | 19 5(a)(3) of this chapter. An individual or entity who transports children |
---|
586 | 586 | | 20 in the care of a: |
---|
587 | 587 | | 21 (1) preschool operated by a school corporation; |
---|
588 | 588 | | 22 (2) public elementary school; or |
---|
589 | 589 | | 23 (3) public secondary school; |
---|
590 | 590 | | 24 on a public highway (as defined in IC 9-25-2-4) within or outside |
---|
591 | 591 | | 25 Indiana shall transport the children only in a school bus, a special |
---|
592 | 592 | | 26 purpose bus, or an appropriate vehicle. The school bus, special purpose |
---|
593 | 593 | | 27 bus, or appropriate vehicle may be used for transportation of the |
---|
594 | 594 | | 28 children to activities or for regular transportation between the |
---|
595 | 595 | | 29 residences of the children and the school. |
---|
596 | 596 | | 30 (c) An individual or entity that transports children in the care of a |
---|
597 | 597 | | 31 child care center on a public highway (as defined in IC 9-25-2-4) |
---|
598 | 598 | | 32 within or outside Indiana in a vehicle designed and constructed for the |
---|
599 | 599 | | 33 accommodation of more than ten (10) passengers shall transport the |
---|
600 | 600 | | 34 children only in a school bus or special purpose bus. |
---|
601 | 601 | | 35 (d) The operator of a: |
---|
602 | 602 | | 36 (1) school bus that transports children as required under |
---|
603 | 603 | | 37 subsection (b) or (c) must meet the requirements of IC 20-27-8; |
---|
604 | 604 | | 38 and |
---|
605 | 605 | | 39 (2) special purpose bus or an appropriate vehicle that transports |
---|
606 | 606 | | 40 children as required under subsection (b) or (c) must meet the |
---|
607 | 607 | | 41 requirements of section 5(c) of this chapter. |
---|
608 | 608 | | 42 (e) This section does not prohibit the use of a public transportation |
---|
609 | 609 | | 2025 IN 1277—LS 7015/DI 148 15 |
---|
610 | 610 | | 1 system for the transportation of children if the motor carriage used is |
---|
611 | 611 | | 2 designed to carry at least twenty (20) passengers. |
---|
612 | 612 | | 3 (f) This section does not prohibit a: |
---|
613 | 613 | | 4 (1) preschool operated by a school corporation; |
---|
614 | 614 | | 5 (2) public elementary school; |
---|
615 | 615 | | 6 (3) public secondary school; or |
---|
616 | 616 | | 7 (4) child care center; |
---|
617 | 617 | | 8 from contracting with a common carrier for incidental charter bus |
---|
618 | 618 | | 9 service for nonregular transportation if the carrier and the carrier's |
---|
619 | 619 | | 10 motor coach comply with the Federal Motor Carrier Safety Regulations |
---|
620 | 620 | | 11 as prescribed by the United States Department of Transportation |
---|
621 | 621 | | 12 Federal Highway Administration. |
---|
622 | 622 | | 13 (g) Notwithstanding section 17 of this chapter, a person who |
---|
623 | 623 | | 14 violates this section commits a Class B infraction. |
---|
624 | 624 | | 15 SECTION 12. IC 31-9-2-31, AS AMENDED BY P.L.195-2018, |
---|
625 | 625 | | 16 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
626 | 626 | | 17 JULY 1, 2025]: Sec. 31. (a) "Custodian", for purposes of the juvenile |
---|
627 | 627 | | 18 law, means a person with whom a child resides. |
---|
628 | 628 | | 19 (b) "Custodian", for purposes of IC 31-34-1, includes any person |
---|
629 | 629 | | 20 who is: |
---|
630 | 630 | | 21 (1) a license applicant or licensee of: |
---|
631 | 631 | | 22 (A) a foster home or residential child care facility that is |
---|
632 | 632 | | 23 required to be licensed or is licensed under IC 31-27; |
---|
633 | 633 | | 24 (B) a child care center that is required to be licensed or is |
---|
634 | 634 | | 25 licensed under IC 12-17.2-4; or |
---|
635 | 635 | | 26 (C) a child care home that is required to be licensed or is |
---|
636 | 636 | | 27 licensed under IC 12-17.2-5; |
---|
637 | 637 | | 28 (2) a person who is responsible for care, supervision, or welfare |
---|
638 | 638 | | 29 of children while providing services as an owner, operator, |
---|
639 | 639 | | 30 director, manager, supervisor, employee, or volunteer at: |
---|
640 | 640 | | 31 (A) a home, center, or facility described in subdivision (1); |
---|
641 | 641 | | 32 (B) a: |
---|
642 | 642 | | 33 (i) child care ministry, as defined in IC 12-7-2-28.8; or |
---|
643 | 643 | | 34 (ii) child care center; |
---|
644 | 644 | | 35 that is exempt from licensing requirements and is registered or |
---|
645 | 645 | | 36 required to be registered under IC 12-17.2-6; |
---|
646 | 646 | | 37 (C) a home, center, or facility of a child care provider, as |
---|
647 | 647 | | 38 defined in IC 12-7-2-149.1(5); |
---|
648 | 648 | | 39 (D) a home, center, or facility that is the location of a program |
---|
649 | 649 | | 40 that provides child care, as defined in section 16.3 of this |
---|
650 | 650 | | 41 chapter, to serve migrant children and that is exempt from |
---|
651 | 651 | | 42 licensing under IC 12-17.2-2-8(6), whether or not the program |
---|
652 | 652 | | 2025 IN 1277—LS 7015/DI 148 16 |
---|
653 | 653 | | 1 is certified as described in IC 12-17.2-2-9; or |
---|
654 | 654 | | 2 (E) a school, as defined in section 113.5 of this chapter; |
---|
655 | 655 | | 3 (3) a child caregiver, as defined in section 16.4 of this chapter; |
---|
656 | 656 | | 4 (4) a member of the household of the child's noncustodial parent; |
---|
657 | 657 | | 5 or |
---|
658 | 658 | | 6 (5) an individual who has or intends to have direct contact, on a |
---|
659 | 659 | | 7 regular and continuing basis, with a child for whom the individual |
---|
660 | 660 | | 8 provides care and supervision. |
---|
661 | 661 | | 9 SECTION 13. IC 31-33-8-1, AS AMENDED BY P.L.198-2019, |
---|
662 | 662 | | 10 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
663 | 663 | | 11 JULY 1, 2025]: Sec. 1. (a) The department shall initiate an |
---|
664 | 664 | | 12 appropriately thorough child protection assessment of every report of |
---|
665 | 665 | | 13 known or suspected child abuse or neglect the department receives, |
---|
666 | 666 | | 14 whether in accordance with this article or otherwise. |
---|
667 | 667 | | 15 (b) If a report of known or suspected child abuse or neglect is |
---|
668 | 668 | | 16 received from a judge or prosecutor requesting the department to |
---|
669 | 669 | | 17 initiate a child protection assessment, the department shall initiate an |
---|
670 | 670 | | 18 assessment in accordance with this section. |
---|
671 | 671 | | 19 (c) If a report of known or suspected child abuse or neglect is |
---|
672 | 672 | | 20 received from: |
---|
673 | 673 | | 21 (1) medical personnel; |
---|
674 | 674 | | 22 (2) school personnel; |
---|
675 | 675 | | 23 (3) a social worker; |
---|
676 | 676 | | 24 (4) law enforcement officials or personnel; |
---|
677 | 677 | | 25 (5) judiciary personnel; or |
---|
678 | 678 | | 26 (6) prosecuting attorney personnel; |
---|
679 | 679 | | 27 the department shall forward the report to the local office to determine |
---|
680 | 680 | | 28 if the department will initiate an assessment in accordance with this |
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681 | 681 | | 29 section. |
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682 | 682 | | 30 (d) If the department believes that a child is in imminent danger of |
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683 | 683 | | 31 serious bodily harm, the department shall initiate an onsite assessment |
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684 | 684 | | 32 immediately, but not later than two (2) hours, after receiving the report. |
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685 | 685 | | 33 (e) If the report alleges a child may be a victim of child abuse, the |
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686 | 686 | | 34 assessment shall be initiated immediately, but not later than |
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687 | 687 | | 35 twenty-four (24) hours after receipt of the report. |
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688 | 688 | | 36 (f) If reports of child neglect are received, the assessment shall be |
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689 | 689 | | 37 initiated within a reasonably prompt time, but not later than five (5) |
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690 | 690 | | 38 days, with the primary consideration being the well-being of the child |
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691 | 691 | | 39 who is the subject of the report. |
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692 | 692 | | 40 (g) If the report alleges that a child lives with a parent, guardian, or |
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693 | 693 | | 41 custodian who is married to or lives with a person who: |
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694 | 694 | | 42 (1) has been convicted of: |
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695 | 695 | | 2025 IN 1277—LS 7015/DI 148 17 |
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696 | 696 | | 1 (A) neglect of a dependent under IC 35-46-1-4; or |
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697 | 697 | | 2 (B) a battery offense under IC 35-42-4; or |
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698 | 698 | | 3 (2) is required to register as a sex or violent offender under |
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699 | 699 | | 4 IC 11-8-8; |
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700 | 700 | | 5 the department shall initiate an assessment within a reasonably prompt |
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701 | 701 | | 6 time, but not later than five (5) days after the department receives the |
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702 | 702 | | 7 report, with the primary consideration being the well-being of the child |
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703 | 703 | | 8 who is the subject of the report. |
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704 | 704 | | 9 (h) If the safety or well-being of a child appears to be endangered or |
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705 | 705 | | 10 the facts otherwise warrant, the assessment shall be initiated regardless |
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706 | 706 | | 11 of the time of day. |
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707 | 707 | | 12 (i) If a report alleges abuse or neglect and involves a child care |
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708 | 708 | | 13 ministry or child care center that is exempt from licensure under |
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709 | 709 | | 14 IC 12-17.2-6, the department and the appropriate law enforcement |
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710 | 710 | | 15 agency shall jointly conduct an investigation. The investigation shall |
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711 | 711 | | 16 be conducted under the requirements of this section and section 2(b) of |
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712 | 712 | | 17 this chapter. |
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713 | 713 | | 18 SECTION 14. IC 31-33-18-2, AS AMENDED BY P.L.54-2024, |
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714 | 714 | | 19 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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715 | 715 | | 20 JULY 1, 2025]: Sec. 2. Except as otherwise prohibited by federal law, |
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716 | 716 | | 21 the reports and other material described in section 1(a) of this chapter |
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717 | 717 | | 22 and the unredacted reports and other material described in section 1(b) |
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718 | 718 | | 23 of this chapter shall be made available only to the following: |
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719 | 719 | | 24 (1) Persons authorized by this article. |
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720 | 720 | | 25 (2) A legally mandated public or private child protective agency |
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721 | 721 | | 26 investigating a report of child abuse or neglect or treating a child |
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722 | 722 | | 27 or family that is the subject of a report or record. |
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723 | 723 | | 28 (3) Any of the following who are investigating a report of a child |
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724 | 724 | | 29 who may be a victim of child abuse or neglect: |
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725 | 725 | | 30 (A) A police officer or other law enforcement agency. |
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726 | 726 | | 31 (B) A prosecuting attorney. |
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727 | 727 | | 32 (C) A coroner, in the case of the death of a child. |
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728 | 728 | | 33 (4) A physician who has before the physician a child whom the |
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729 | 729 | | 34 physician reasonably suspects may be a victim of child abuse or |
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730 | 730 | | 35 neglect. |
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731 | 731 | | 36 (5) An individual legally authorized to place a child in protective |
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732 | 732 | | 37 custody if: |
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733 | 733 | | 38 (A) the individual has before the individual a child whom the |
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734 | 734 | | 39 individual reasonably suspects may be a victim of abuse or |
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735 | 735 | | 40 neglect; and |
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736 | 736 | | 41 (B) the individual requires the information in the report or |
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737 | 737 | | 42 record to determine whether to place the child in protective |
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738 | 738 | | 2025 IN 1277—LS 7015/DI 148 18 |
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739 | 739 | | 1 custody. |
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740 | 740 | | 2 (6) An agency having the legal responsibility or authorization to |
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741 | 741 | | 3 care for, treat, or supervise a child who is the subject of a report |
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742 | 742 | | 4 or record or a parent, guardian, custodian, or other person who is |
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743 | 743 | | 5 responsible for the child's welfare. |
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744 | 744 | | 6 (7) An individual named in the report or record who is alleged to |
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745 | 745 | | 7 be abused or neglected or, if the individual named in the report is |
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746 | 746 | | 8 a child or is otherwise incompetent, the individual's guardian ad |
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747 | 747 | | 9 litem or the individual's court appointed special advocate, or both. |
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748 | 748 | | 10 (8) Each parent, guardian, custodian, or other person responsible |
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749 | 749 | | 11 for the welfare of a child named in a report or record and an |
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750 | 750 | | 12 attorney of the person described under this subdivision, with |
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751 | 751 | | 13 protection for the identity of reporters and other appropriate |
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752 | 752 | | 14 individuals. |
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753 | 753 | | 15 (9) A court, for redaction of the record in accordance with section |
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754 | 754 | | 16 1.5 of this chapter, or upon the court's finding that access to the |
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755 | 755 | | 17 records may be necessary for determination of an issue before the |
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756 | 756 | | 18 court. However, except for disclosure of a redacted record in |
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757 | 757 | | 19 accordance with section 1.5 of this chapter, access is limited to in |
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758 | 758 | | 20 camera inspection unless the court determines that public |
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759 | 759 | | 21 disclosure of the information contained in the records is necessary |
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760 | 760 | | 22 for the resolution of an issue then pending before the court. |
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761 | 761 | | 23 (10) A grand jury upon the grand jury's determination that access |
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762 | 762 | | 24 to the records is necessary in the conduct of the grand jury's |
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763 | 763 | | 25 official business. |
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764 | 764 | | 26 (11) An appropriate state or local official responsible for child |
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765 | 765 | | 27 protection services or legislation carrying out the official's official |
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766 | 766 | | 28 functions. |
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767 | 767 | | 29 (12) The community child protection team appointed under |
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768 | 768 | | 30 IC 31-33-3 (or IC 31-6-11-14 before its repeal), upon request, to |
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769 | 769 | | 31 enable the team to carry out the team's purpose under IC 31-33-3. |
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770 | 770 | | 32 (13) A person about whom a report has been made, with |
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771 | 771 | | 33 protection for the identity of: |
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772 | 772 | | 34 (A) any person reporting known or suspected child abuse or |
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773 | 773 | | 35 neglect; and |
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774 | 774 | | 36 (B) any other person if the person or agency making the |
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775 | 775 | | 37 information available finds that disclosure of the information |
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776 | 776 | | 38 would be likely to endanger the life or safety of the person. |
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777 | 777 | | 39 (14) An employee of the department, a caseworker, or a juvenile |
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778 | 778 | | 40 probation officer conducting a criminal history check under |
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779 | 779 | | 41 IC 31-26-5, IC 31-34, or IC 31-37 to determine the |
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780 | 780 | | 42 appropriateness of an out-of-home placement for a: |
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781 | 781 | | 2025 IN 1277—LS 7015/DI 148 19 |
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782 | 782 | | 1 (A) child at imminent risk of placement; |
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783 | 783 | | 2 (B) child in need of services; or |
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784 | 784 | | 3 (C) delinquent child. |
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785 | 785 | | 4 The results of a criminal history check conducted under this |
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786 | 786 | | 5 subdivision must be disclosed to a court determining the |
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787 | 787 | | 6 placement of a child described in clauses (A) through (C). |
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788 | 788 | | 7 (15) A local child fatality review team established under |
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789 | 789 | | 8 IC 16-49-2. |
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790 | 790 | | 9 (16) The statewide child fatality review committee established by |
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791 | 791 | | 10 IC 16-49-4. |
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792 | 792 | | 11 (17) The department. |
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793 | 793 | | 12 (18) The division of family resources, if the investigation report: |
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794 | 794 | | 13 (A) is classified as substantiated; and |
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795 | 795 | | 14 (B) concerns: |
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796 | 796 | | 15 (i) an applicant for a license to operate; |
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797 | 797 | | 16 (ii) a person licensed to operate; |
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798 | 798 | | 17 (iii) an employee of; or |
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799 | 799 | | 18 (iv) a volunteer providing services at; or |
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800 | 800 | | 19 (v) an applicant to register; |
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801 | 801 | | 20 a child care center licensed under IC 12-17.2-4, a child care |
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802 | 802 | | 21 center registered under IC 12-17.2-6, or a child care home |
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803 | 803 | | 22 licensed under IC 12-17.2-5. |
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804 | 804 | | 23 (19) A citizen review panel established under IC 31-25-2-20.4. |
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805 | 805 | | 24 (20) The department of child services ombudsman established by |
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806 | 806 | | 25 IC 4-13-19-3. |
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807 | 807 | | 26 (21) The secretary of education with protection for the identity of: |
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808 | 808 | | 27 (A) any person reporting known or suspected child abuse or |
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809 | 809 | | 28 neglect; and |
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810 | 810 | | 29 (B) any other person if the person or agency making the |
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811 | 811 | | 30 information available finds that disclosure of the information |
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812 | 812 | | 31 would be likely to endanger the life or safety of the person. |
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813 | 813 | | 32 (22) The state child fatality review coordinator employed by the |
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814 | 814 | | 33 Indiana department of health under IC 16-49-5-1. |
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815 | 815 | | 34 (23) A person who operates a child caring institution, group |
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816 | 816 | | 35 home, or secure private facility if all the following apply: |
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817 | 817 | | 36 (A) The child caring institution, group home, or secure private |
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818 | 818 | | 37 facility is licensed under IC 31-27. |
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819 | 819 | | 38 (B) The report or other materials concern: |
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820 | 820 | | 39 (i) an employee of; |
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821 | 821 | | 40 (ii) a volunteer providing services at; or |
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822 | 822 | | 41 (iii) a child placed at; |
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823 | 823 | | 42 the child caring institution, group home, or secure private |
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824 | 824 | | 2025 IN 1277—LS 7015/DI 148 20 |
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825 | 825 | | 1 facility. |
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826 | 826 | | 2 (C) The allegation in the report occurred at the child caring |
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827 | 827 | | 3 institution, group home, or secure private facility. |
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828 | 828 | | 4 (24) A person who operates a child placing agency if all the |
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829 | 829 | | 5 following apply: |
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830 | 830 | | 6 (A) The child placing agency is licensed under IC 31-27. |
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831 | 831 | | 7 (B) The report or other materials concern: |
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832 | 832 | | 8 (i) a child placed in a foster home licensed by the child |
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833 | 833 | | 9 placing agency; |
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834 | 834 | | 10 (ii) a person licensed by the child placing agency to operate |
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835 | 835 | | 11 a foster family home; |
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836 | 836 | | 12 (iii) an employee of the child placing agency or a foster |
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837 | 837 | | 13 family home licensed by the child placing agency; or |
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838 | 838 | | 14 (iv) a volunteer providing services at the child placing |
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839 | 839 | | 15 agency or a foster family home licensed by the child placing |
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840 | 840 | | 16 agency. |
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841 | 841 | | 17 (C) The allegations in the report occurred in the foster family |
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842 | 842 | | 18 home or in the course of employment or volunteering at the |
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843 | 843 | | 19 child placing agency or foster family home. |
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844 | 844 | | 20 (25) The National Center for Missing and Exploited Children. |
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845 | 845 | | 21 (26) A local domestic violence fatality review team established |
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846 | 846 | | 22 under IC 12-18-8, as determined by the department to be relevant |
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847 | 847 | | 23 to the death or near fatality that the local domestic violence |
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848 | 848 | | 24 fatality review team is reviewing. |
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849 | 849 | | 25 (27) The statewide domestic violence fatality review committee |
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850 | 850 | | 26 established under IC 12-18-9-3, as determined by the department |
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851 | 851 | | 27 to be relevant to the death or near fatality that the statewide |
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852 | 852 | | 28 domestic violence fatality review committee is reviewing. |
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853 | 853 | | 29 (28) The statewide maternal mortality review committee |
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854 | 854 | | 30 established under IC 16-50-1-3, as determined by the department |
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855 | 855 | | 31 to be relevant to the case of maternal morbidity or maternal |
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856 | 856 | | 32 mortality that the statewide maternal mortality review committee |
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857 | 857 | | 33 is reviewing. |
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858 | 858 | | 34 (29) A local fetal-infant mortality review team established under |
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859 | 859 | | 35 IC 16-49-6, as determined by the department to be relevant to the |
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860 | 860 | | 36 case of fetal or infant fatality that the local fetal-infant mortality |
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861 | 861 | | 37 review team is reviewing. |
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862 | 862 | | 38 (30) A suicide and overdose fatality review team established |
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863 | 863 | | 39 under IC 16-49.5-2, as determined by the department to be |
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864 | 864 | | 40 relevant to the case of a suicide or overdose fatality that the |
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865 | 865 | | 41 suicide and overdose fatality review team is reviewing. |
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866 | 866 | | 42 (31) The office of administrative law proceedings for a matter that |
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867 | 867 | | 2025 IN 1277—LS 7015/DI 148 21 |
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868 | 868 | | 1 is the subject of an administrative proceeding before the office of |
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869 | 869 | | 2 administrative law proceedings. |
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870 | 870 | | 3 (32) A tribal representative, agency, or organization authorized by |
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871 | 871 | | 4 the Indian child's tribe to care for, diagnose, treat, review, |
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872 | 872 | | 5 evaluate, or monitor active efforts regarding an Indian child, and |
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873 | 873 | | 6 the Indian child's parent, guardian, or custodian. |
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874 | 874 | | 7 (33) The United States Department of State and foreign |
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875 | 875 | | 8 governments to comply with federal law and treaties. |
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876 | 876 | | 9 (34) A child advocacy center when the child advocacy center has |
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877 | 877 | | 10 before it an investigation of child abuse or neglect in which it is |
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878 | 878 | | 11 facilitating a forensic interview or facilitating a case discussion or |
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879 | 879 | | 12 case review. |
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880 | 880 | | 2025 IN 1277—LS 7015/DI 148 |
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