*ES0498.1*
March 27, 2025
ENGROSSED
SENATE BILL No. 498
_____
DIGEST OF SB 498 (Updated March 26, 2025 11:11 am - DI 119)
Citations Affected: IC 25-26; IC 31-9; IC 31-27.
Synopsis: Child services. Allows the Indiana board of pharmacy to
release confidential information received by the INSPECT program to
a supervisor of the department of child services (department) who is
engaged in an investigation or adjudication of child abuse or neglect.
Amends the definition of "emergency shelter" for purposes of statutes
governing residential child care facilities. Provides that an applicant for
licensure as a child caring institution or licensure as a group home must
obtain a criminal history check of any contractor or other individual
working for the applicant who is likely to have unsupervised contact
with children within the scope of the contractor's or individual's
employment. Amends provisions under which the department may
(Continued next page)
Effective: Upon passage; July 1, 2025.
Walker G, Schmitt, Donato,
Randolph Lonnie M
(HOUSE SPONSORS — ROWRAY, DEVON, BURTON)
January 14, 2025, read first time and referred to Committee on Family and Children
Services.
February 3, 2025, amended, reported favorably — Do Pass.
February 6, 2025, read second time, ordered engrossed. Engrossed.
February 10, 2025, read third time, passed. Yeas 42, nays 7.
HOUSE ACTION
March 3, 2025, read first time and referred to Committee on Family, Children and Human
Affairs.
March 27, 2025, amended, reported — Do Pass.
ES 498—LS 7484/DI 148 Digest Continued
waive the maximum duration for which a child may stay at a shelter
care facility to remove a reference to the length of the maximum
duration. Amends the educational and experiential qualifications for
casework supervisors at child placing agencies. Provides that
provisions requiring: (1) a residential child care facility to ensure that
a child admitted to the facility has received all immunizations and
booster shots required under specified statutes; and (2) a residential
child care facility that administers psychotropic medication to obtain
periodic written reports from the licensed professional who prescribed
the psychotropic medication; do not apply to an emergency shelter.
ES 498—LS 7484/DI 148ES 498—LS 7484/DI 148 March 27, 2025
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
ENGROSSED
SENATE BILL No. 498
A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 25-26-24-19, AS AMENDED BY P.L.233-2023,
2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 19. (a) Information received by the INSPECT
4 program under section 17 of this chapter is confidential.
5 (b) The board shall carry out a program to protect the confidentiality
6 of the information described in subsection (a). The board may disclose
7 the information to another person only under subsection (c), (d), or (g).
8 (c) The board may disclose confidential information described in
9 subsection (a) to any person who is authorized to engage in receiving,
10 processing, or storing the information.
11 (d) Except as provided in subsections (e) and (f), the board may
12 release confidential information described in subsection (a) to the
13 following persons:
14 (1) A member of the board or another governing body that
15 licenses practitioners and is engaged in an investigation, an
16 adjudication, or a prosecution of a violation under any state or
17 federal law that involves ephedrine, pseudoephedrine, or a
ES 498—LS 7484/DI 148 2
1 controlled substance.
2 (2) An investigator for the consumer protection division of the
3 office of the attorney general, a prosecuting attorney, the attorney
4 general, a deputy attorney general, or an investigator from the
5 office of the attorney general, who is engaged in:
6 (A) an investigation;
7 (B) an adjudication; or
8 (C) a prosecution;
9 of a violation under any state or federal law that involves
10 ephedrine, pseudoephedrine, or a controlled substance.
11 (3) A law enforcement officer who is an employee of:
12 (A) a local, state, or federal law enforcement agency; or
13 (B) an entity that regulates ephedrine, pseudoephedrine, or
14 controlled substances or enforces ephedrine, pseudoephedrine,
15 or controlled substances rules or laws in another state;
16 that is certified to receive ephedrine, pseudoephedrine, or
17 controlled substance prescription drug information from the
18 INSPECT program.
19 (4) A practitioner or practitioner's agent certified to receive
20 information from the INSPECT program.
21 (5) An ephedrine, pseudoephedrine, or controlled substance
22 monitoring program in another state with which Indiana has
23 established an interoperability agreement.
24 (6) The state toxicologist.
25 (7) A certified representative of the Medicaid retrospective and
26 prospective drug utilization review program.
27 (8) A substance abuse assistance program for a licensed health
28 care provider who:
29 (A) has prescriptive authority under this title; and
30 (B) is participating in the assistance program.
31 (9) An individual who holds a valid temporary medical permit
32 issued under IC 25-22.5-5-4 or a noneducational commission for
33 foreign medical graduates certified graduate permit issued under
34 IC 25-22.5-5-4.6.
35 (10) A county coroner conducting a medical investigation of the
36 cause of death.
37 (11) The management performance hub established by
38 IC 4-3-26-8.
39 (12) The state epidemiologist under the Indiana department of
40 health.
41 (13) A supervisor of the department of child services who is
42 engaged in:
ES 498—LS 7484/DI 148 3
1 (A) an investigation; or
2 (B) an adjudication;
3 of child abuse or neglect.
4 (e) Information provided to a person under:
5 (1) subsection (d)(3) is limited to information:
6 (A) concerning an individual or proceeding involving the
7 unlawful diversion or misuse of a schedule II, III, IV, or V
8 controlled substance; and
9 (B) that will assist in an investigation or proceeding;
10 (2) subsection (d)(4) may be released only for the purpose of:
11 (A) providing medical or pharmaceutical treatment; or
12 (B) evaluating the need for providing medical or
13 pharmaceutical treatment to a patient; and
14 (3) subsection (d)(11) must be released to the extent disclosure of
15 the information is not prohibited by applicable federal law.
16 (f) Before the board releases confidential information under
17 subsection (d), the applicant must be approved by the INSPECT
18 program in a manner prescribed by the board.
19 (g) The board may release to:
20 (1) a member of the board or another governing body that licenses
21 practitioners;
22 (2) an investigator for the consumer protection division of the
23 office of the attorney general, a prosecuting attorney, the attorney
24 general, a deputy attorney general, or an investigator from the
25 office of the attorney general; or
26 (3) a law enforcement officer who is:
27 (A) authorized by the state police department to receive
28 ephedrine, pseudoephedrine, or controlled substance
29 prescription drug information; and
30 (B) approved by the board to receive the type of information
31 released;
32 confidential information generated from computer records that
33 identifies practitioners who are prescribing or dispensing large
34 quantities of a controlled substance.
35 (h) The information described in subsection (g) may not be released
36 until it has been reviewed by:
37 (1) a member of the board who is licensed in the same profession
38 as the prescribing or dispensing practitioner identified by the data;
39 or
40 (2) the board's designee;
41 and until that member or the designee has certified that further
42 investigation is warranted. However, failure to comply with this
ES 498—LS 7484/DI 148 4
1 subsection does not invalidate the use of any evidence that is otherwise
2 admissible in a proceeding described in subsection (i).
3 (i) An investigator or a law enforcement officer receiving
4 confidential information under subsection (c), (d), or (g) may disclose
5 the information to a law enforcement officer or an attorney for the
6 office of the attorney general for use as evidence in the following:
7 (1) A proceeding under IC 16-42-20.
8 (2) A proceeding under any state or federal law.
9 (3) A criminal proceeding or a proceeding in juvenile court.
10 (j) The board may compile statistical reports from the information
11 described in subsection (a). The reports must not include information
12 that identifies any practitioner, ultimate user, or other person
13 administering ephedrine, pseudoephedrine, or a controlled substance.
14 Statistical reports compiled under this subsection are public records.
15 (k) Except as provided in subsections (q) and (r), and in addition to
16 any requirements provided in IC 25-22.5-13, the following practitioners
17 shall obtain information about a patient from the data base either
18 directly or through the patient's integrated health record before
19 prescribing an opioid or benzodiazepine to the patient:
20 (1) A practitioner who has had the information from the data base
21 integrated into the patient's electronic health records.
22 (2) A practitioner who provides services to the patient in:
23 (A) the emergency department of a hospital licensed under
24 IC 16-21; or
25 (B) a pain management clinic.
26 (3) Beginning January 1, 2020, a practitioner who provides
27 services to the patient in a hospital licensed under IC 16-21.
28 (4) Beginning January 1, 2021, all practitioners.
29 However, a practitioner is not required to obtain information about a
30 patient who is subject to a pain management contract from the data
31 base more than once every ninety (90) days.
32 (l) A practitioner who checks the INSPECT program either directly
33 through the data base or through the patient's integrated health record
34 for the available data on a patient is immune from civil liability for an
35 injury, death, or loss to a person solely due to a practitioner:
36 (1) seeking information from the INSPECT program; and
37 (2) in good faith using the information for the treatment of the
38 patient.
39 The civil immunity described in this subsection does not extend to a
40 practitioner if the practitioner receives information directly from the
41 INSPECT program or through the patient's integrated health record and
42 then negligently misuses this information. This subsection does not
ES 498—LS 7484/DI 148 5
1 apply to an act or omission that is a result of gross negligence or
2 intentional misconduct.
3 (m) The board may review the records of the INSPECT program. If
4 the board determines that a violation of the law may have occurred, the
5 board shall notify the appropriate law enforcement agency or the
6 relevant government body responsible for the licensure, regulation, or
7 discipline of practitioners authorized by law to prescribe controlled
8 substances.
9 (n) A practitioner who in good faith discloses information based on
10 a report from the INSPECT program either directly through the data
11 base or through the patient's integrated health record to a law
12 enforcement agency is immune from criminal or civil liability. A
13 practitioner that discloses information to a law enforcement agency
14 under this subsection is presumed to have acted in good faith.
15 (o) A practitioner's agent may act as a delegate and check INSPECT
16 program reports on behalf of the practitioner.
17 (p) A patient may access a report from the INSPECT program that
18 has been included in the patient's medical file by a practitioner.
19 (q) A practitioner is not required under subsection (k) to obtain
20 information about a patient from the data base or through the patient's
21 integrated health record before prescribing an opioid or benzodiazepine
22 if any of the following apply:
23 (1) The practitioner has obtained a waiver from the board because
24 the practitioner does not have access to the Internet at the
25 practitioner's place of business.
26 (2) The patient is:
27 (A) recovering; or
28 (B) in the process of completing a prescription that was
29 prescribed by another practitioner;
30 while still being treated as an inpatient or in observation status.
31 (3) The data base described in section 18 of this chapter is
32 suspended or is not operational if the practitioner documents in
33 writing or electronically the date and time in the patient's medical
34 record that the practitioner, dispenser, or delegate attempted to
35 use the data base.
36 (r) A practitioner is not required under subsection (k) to obtain
37 information about a patient from the data base or through the patient's
38 integrated health record before prescribing an opioid or benzodiazepine
39 if the patient is enrolled in a hospice program (as defined in
40 IC 16-25-1.1-4).
41 SECTION 2. IC 31-9-2-43.6, AS ADDED BY P.L.109-2024,
42 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
ES 498—LS 7484/DI 148 6
1 UPON PASSAGE]: Sec. 43.6. "Emergency shelter", for purposes of
2 IC 31-27, means a short term place of residence, other than a private
3 secure facility, that:
4 (1) is not locked to prevent a child's departure unless the
5 administrator determines that locking is necessary to protect the
6 child's health; and
7 (2) provides twenty-four (24) hours a day temporary care for not
8 more than sixty (60) consecutive days to an individual a child
9 who is six (6) years of age or older admitted on an emergency
10 basis.
11 SECTION 3. IC 31-27-3-3, AS AMENDED BY P.L.173-2022,
12 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 UPON PASSAGE]: Sec. 3. (a) An applicant must apply for a child
14 caring institution license on forms provided by the department.
15 (b) An applicant must submit the required information as part of the
16 application.
17 (c) The applicant must submit with the application a statement
18 attesting the following:
19 (1) Whether the applicant has been convicted of:
20 (A) a felony; or
21 (B) a misdemeanor relating to the health and safety of
22 children.
23 (2) Whether the applicant has been charged with:
24 (A) a felony; or
25 (B) a misdemeanor relating to the health and safety of
26 children;
27 during the pendency of the application.
28 (d) The department, on behalf of an applicant, or, at the discretion
29 of the department, an applicant, shall conduct a criminal history check
30 of the following:
31 (1) Each individual who is an applicant.
32 (2) The director or manager of a facility where children will be
33 placed.
34 (3) Each employee or volunteer or contractor of the applicant.
35 (4) Each:
36 (A) contractor; or
37 (B) other individual;
38 working for the applicant who is likely to have unsupervised
39 contact with children in the child caring institution within the
40 scope of the contractor's or individual's employment.
41 (e) If the applicant conducts a criminal history check under
42 subsection (d), the applicant shall:
ES 498—LS 7484/DI 148 7
1 (1) maintain records of the information it receives concerning
2 each individual who is the subject of a criminal history check; and
3 (2) submit to the department a copy of the information it receives
4 concerning each person described in subsection (d)(1) through
5 (d)(3). (d)(4).
6 (f) If the department conducts a criminal history check on behalf of
7 an applicant under subsection (d), the department shall:
8 (1) determine whether the subject of a national fingerprint based
9 criminal history check has a record of:
10 (A) a conviction for a felony;
11 (B) a conviction for a misdemeanor relating to the health and
12 safety of a child; or
13 (C) a juvenile adjudication for a nonwaivable offense, as
14 defined in IC 31-9-2-84.8 that, if committed by an adult,
15 would be a felony;
16 (2) notify the applicant of the determination under subdivision (1)
17 without identifying a specific offense or other identifying
18 information concerning a conviction or juvenile adjudication
19 contained in the national criminal history record information;
20 (3) submit to the applicant a copy of any state limited criminal
21 history report that the department receives on behalf of any person
22 described in subsection (d); and
23 (4) maintain a record of every report and all information the
24 department receives concerning a person described in subsection
25 (d).
26 (g) Except as provided in subsection (h), a criminal history check
27 described in subsection (d) is required only at the time an application
28 for a new license or the renewal of an existing license is submitted.
29 (h) Except as provided in subsection (i), a criminal history check of
30 each person described in subsection (d)(2), or (d)(3), or (d)(4) must be
31 completed on or before the date the person:
32 (1) is employed;
33 (2) is assigned as a volunteer; or
34 (3) enters into, or the person's employing entity enters into, a
35 contract with the applicant.
36 (i) An individual may be employed by a child caring institution as
37 an employee, volunteer, or contractor before a criminal history check
38 of the individual is completed as required under subsection (h) if all of
39 the following conditions are satisfied:
40 (1) The following checks have been completed regarding the
41 individual:
42 (A) A fingerprint based check of national crime information
ES 498—LS 7484/DI 148 8
1 data bases under IC 31-9-2-22.5(1).
2 (B) A national sex offender registry check under
3 IC 31-9-2-22.5(3).
4 (C) An in-state local criminal records check under
5 IC 31-9-2-22.5(4).
6 (D) An in-state child protection index check under
7 IC 31-33-26.
8 (2) If the individual has resided outside Indiana at any time during
9 the five (5) years preceding the individual's date of hiring by the
10 child caring institution, the following checks have been requested
11 regarding the individual:
12 (A) An out-of-state child abuse registry check under
13 IC 31-9-2-22.5(2).
14 (B) An out-of-state local criminal records check under
15 IC 31-9-2-22.5(4).
16 (3) The individual's employment before the completion of the
17 criminal history check required under subsection (h) is limited to
18 training during which the individual:
19 (A) does not have contact with children who are under the care
20 and control of the child caring institution; and
21 (B) does not have access to records containing information
22 regarding children who are under the care and control of the
23 child caring institution.
24 (4) The individual completes an attestation, under penalty of
25 perjury, disclosing:
26 (A) any abuse or neglect complaints made against the
27 individual with the child welfare agency of a state other than
28 Indiana in which the individual resided within the five (5)
29 years preceding the date of the attestation; and
30 (B) any contact the individual had with a law enforcement
31 agency in connection with the individual's suspected or alleged
32 commission of a crime in a state other than Indiana in which
33 the individual resided within the five (5) years preceding the
34 date of the attestation.
35 (j) The applicant or facility is responsible for any fees associated
36 with a criminal history check.
37 (k) The department shall, at the applicant's request, inform the
38 applicant whether the department has or does not have a record of the
39 person who is the subject of a criminal history check and if the
40 department has identified the person as an alleged perpetrator of abuse
41 or neglect. The department may not provide to the applicant any details
42 or personally identifying information contained in any child protective
ES 498—LS 7484/DI 148 9
1 services investigation report.
2 (l) A person who is the subject of a criminal history check
3 conducted in accordance with this section may request the state police
4 department to provide the person with a copy of any state or national
5 criminal history report concerning the person.
6 SECTION 4. IC 31-27-3-10, AS AMENDED BY P.L.48-2012,
7 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 UPON PASSAGE]: Sec. 10. (a) The department may grant a waiver of
9 the twenty (20) day maximum stay for a child if the child caring
10 institution licensed as a shelter care facility applies for the waiver
11 before the expiration of the twenty (20) day period. maximum stay.
12 (b) The child caring institution shall document in the request for a
13 waiver that the waiver is in the best interest of the child.
14 SECTION 5. IC 31-27-5-4, AS AMENDED BY P.L.173-2022,
15 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 UPON PASSAGE]: Sec. 4. (a) An applicant must apply for a group
17 home license on forms provided by the department.
18 (b) An applicant must submit the required information as part of the
19 application.
20 (c) An applicant must submit with the application a statement
21 attesting the following:
22 (1) Whether the applicant has been convicted of:
23 (A) a felony; or
24 (B) a misdemeanor relating to the health and safety of
25 children.
26 (2) Whether the applicant has been charged with:
27 (A) a felony; or
28 (B) a misdemeanor relating to the health and safety of
29 children;
30 during the pendency of the application.
31 (d) The department on behalf of an applicant, or, at the discretion of
32 the department, an applicant, shall conduct a criminal history check of
33 the following:
34 (1) Each individual who is an applicant.
35 (2) The director or manager of a facility where children will be
36 placed.
37 (3) Each employee or volunteer or contractor of the applicant.
38 (4) Each:
39 (A) contractor; or
40 (B) other individual;
41 working for the applicant who is likely to have unsupervised
42 contact with children in the group home within the scope of
ES 498—LS 7484/DI 148 10
1 the contractor's or individual's employment.
2 (e) If the applicant conducts a criminal history check under
3 subsection (d), the applicant shall:
4 (1) maintain records of the information it receives concerning
5 each individual who is the subject of a criminal history check; and
6 (2) submit to the department a copy of the information the
7 applicant receives concerning each person described in subsection
8 (d)(1) through (d)(3). (d)(4).
9 (f) If the department conducts a criminal history check on behalf of
10 an applicant under subsection (d), the department shall:
11 (1) determine whether the subject of a national fingerprint based
12 criminal history check has a record of a:
13 (A) conviction for a felony;
14 (B) conviction for a misdemeanor relating to the health and
15 safety of a child; or
16 (C) juvenile adjudication for a nonwaivable offense, as defined
17 in IC 31-9-2-84.8 that, if committed by an adult, would be a
18 felony;
19 (2) notify the applicant of the determination under subdivision (1)
20 without identifying a specific offense or other identifying
21 information concerning a conviction or juvenile adjudication
22 contained in the national criminal history record information;
23 (3) submit to the applicant a copy of any state limited criminal
24 history report that the department receives on behalf of any person
25 described in subsection (d); and
26 (4) maintain a record of every report and all information it
27 receives concerning a person described in subsection (d).
28 (g) Except as provided in subsection (h), a criminal history check
29 described in subsection (d) is required only at the time an application
30 for a new license or the renewal of an existing license is submitted.
31 (h) Except as provided in subsection (i), a criminal history check of
32 each person described in subsection (d)(2), or (d)(3), or (d)(4) must be
33 completed on or before the date the person:
34 (1) is employed;
35 (2) is assigned as a volunteer; or
36 (3) enters into, or the person's employing entity enters into, a
37 contract with the applicant.
38 (i) An individual may be employed by a group home as an
39 employee, volunteer, or contractor before a criminal history check of
40 the individual is completed as required under subsection (h) if all of the
41 following conditions are satisfied:
42 (1) The following checks have been completed regarding the
ES 498—LS 7484/DI 148 11
1 individual:
2 (A) A fingerprint based check of national crime information
3 data bases under IC 31-9-2-22.5(1).
4 (B) A national sex offender registry check under
5 IC 31-9-2-22.5(3).
6 (C) An in-state local criminal records check under
7 IC 31-9-2-22.5(4).
8 (D) An in-state child protection index check under
9 IC 31-33-26.
10 (2) If the individual has resided outside Indiana at any time during
11 the five (5) years preceding the individual's date of hiring by the
12 group home, the following checks have been requested regarding
13 the individual:
14 (A) An out-of-state child abuse registry check under
15 IC 31-9-2-22.5(2).
16 (B) An out-of-state local criminal records check under
17 IC 31-9-2-22.5(4).
18 (3) The individual's employment before the completion of the
19 criminal history check required under subsection (h) is limited to
20 training during which the individual:
21 (A) does not have contact with children who are under the care
22 and control of the group home; and
23 (B) does not have access to records containing information
24 regarding children who are under the care and control of the
25 group home.
26 (4) The individual completes an attestation, under penalty of
27 perjury, disclosing:
28 (A) any abuse or neglect complaints made against the
29 individual with the child welfare agency of a state other than
30 Indiana in which the individual resided within the five (5)
31 years preceding the date of the attestation; and
32 (B) any contact the individual had with a law enforcement
33 agency in connection with the individual's suspected or alleged
34 commission of a crime in a state other than Indiana in which
35 the individual resided within the five (5) years preceding the
36 date of the attestation.
37 (j) The applicant is responsible for any fees associated with a
38 criminal history check.
39 (k) The department shall, at the applicant's request, inform the
40 applicant as to whether the department has or does not have a record of
41 the person who is the subject of a criminal history check and whether
42 the department has identified the person as an alleged perpetrator of
ES 498—LS 7484/DI 148 12
1 abuse or neglect. The department may not provide to the applicant any
2 details or personally identifying information contained in any child
3 protective services investigation report.
4 (l) A person who is the subject of a criminal history check
5 conducted in accordance with this section may request the state police
6 department to provide the person with a copy of any state or national
7 criminal history report concerning the person.
8 SECTION 6. IC 31-27-5-11, AS AMENDED BY P.L.48-2012,
9 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 UPON PASSAGE]: Sec. 11. (a) The department may grant a waiver of
11 the twenty (20) day maximum stay for a child if the group home
12 licensed as a shelter care facility applies for the waiver before the
13 expiration of the twenty (20) day period. maximum stay.
14 (b) The group home shall document in the request for a waiver that
15 the waiver is in the best interest of the child.
16 SECTION 7. IC 31-27-6-15.5, AS ADDED BY P.L.109-2024,
17 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 UPON PASSAGE]: Sec. 15.5. (a) A child placing agency shall
19 establish minimum qualifications for each classification of employee.
20 The standards in subsections (b) through (e) must be used as a guide by
21 each child placing agency in establishing minimum qualifications for
22 the classifications of an executive, a casework supervisor, a
23 caseworker, and a worker in training, and by the department in the
24 licensing of each child placing agency.
25 (b) An executive must have the following:
26 (1) A bachelor's degree.
27 (2) At least one (1) of the following:
28 (A) Five (5) years of paid experience in a field related to social
29 work, at least two (2) years of which were:
30 (i) in social work; or
31 (ii) in a supervisory or administrative capacity in a field
32 related to social work, including working for the department.
33 (B) A master's degree in social work, counseling, or a related
34 human services area and at least two (2) years of paid
35 experience:
36 (i) in social work; or
37 (ii) in a supervisory or administrative capacity in a field
38 related to social work, including working for the department.
39 (c) A casework supervisor must have the following:
40 (1) A bachelor's degree.
41 (2) One (1) year of graduate training in social work, counseling,
42 or a related human service area of study.
ES 498—LS 7484/DI 148 13
1 (3) (2) At least one (1) of the following:
2 (A) Three (3) years of supervised paid casework experience,
3 at least one (1) year of which was with a licensed child placing
4 agency or with the department. child welfare agency (as
5 defined in IC 31-9-2-19.3).
6 (B) A At least eight (8) credit hours of master's degree from
7 a recognized school of level courses in:
8 (i) social work;
9 (ii) counseling; or
10 (iii) a human services area of study or related field;
11 and at least one (1) year of supervised paid casework
12 experience in a licensed child placing agency or with the
13 department. with a child welfare agency (as defined in
14 IC 31-9-2-19.3).
15 (d) A caseworker must have the following:
16 (1) A bachelor's degree.
17 (2) At least one (1) of the following:
18 (A) Three (3) years of supervised paid casework experience.
19 (B) One (1) year of supervised paid casework experience in a
20 licensed child placing agency or with the department.
21 (C) One (1) year of graduate training in a recognized school of
22 social work.
23 (e) A worker in training must have a bachelor's degree.
24 (f) A child placing agency must only employ a staff member who is:
25 (1) duly qualified;
26 (2) of good moral character; and
27 (3) in satisfactory health.
28 (g) An employee who is in a position on January 1, 2012, and who
29 qualified for that position on December 31, 2011, is exempt from the
30 requirements of this section.
31 SECTION 8. IC 31-27-9-2, AS ADDED BY P.L.109-2024,
32 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 UPON PASSAGE]: Sec. 2. (a) A licensee shall obtain from the placing
34 agency or placing parent a statement indicating whether or not the child
35 has, to the best of the agency's or parent's knowledge, been exposed to
36 a communicable disease within twenty-one (21) days before the date
37 of admission.
38 (b) Each child must receive a health examination by a licensed
39 professional within ninety-three (93) days before admission, or not later
40 than twenty-one (21) days after admission. The examination must
41 include the following:
42 (1) Health history.
ES 498—LS 7484/DI 148 14
1 (2) Physical examination.
2 (3) Vision and hearing screening.
3 (4) A test for tuberculosis if the last such test is known to be
4 negative or if there is no record of a test. If the test is positive the
5 child shall have a diagnostic chest x-ray and other indicated
6 laboratory tests to determine whether or not the disease is in an
7 infectious state.
8 (5) A written statement from the licensed professional that in the
9 professional's opinion there is no health condition that would be
10 hazardous either to the child or to other children in the licensee's
11 care.
12 (6) A statement of the medical findings, including physical
13 defects and need for dental care, state of development, and ability
14 of the child to take part in group activities, or a schedule of
15 permitted activities if activities need to be limited.
16 (7) A health examination, including a tuberculosis screen
17 annually and a tuberculosis test whenever there is reason to
18 suspect that the child may have a condition hazardous or
19 potentially hazardous to others or whenever the child's general
20 condition indicates the need for an examination.
21 (c) Each child must receive a dental examination from a licensed
22 dentist as follows:
23 (1) Within forty-five (45) days of admission unless the child
24 caring institution has documentation of a dental examination
25 within the one hundred eighty-five (185) days before admission.
26 (2) Annually.
27 (3) Whenever an interim condition indicates the need for
28 examination or treatment.
29 (d) Any treatment or corrective measures required by the licensed
30 professional or dentist must be arranged by the licensee, as approved
31 by a parent, legal guardian, or placing agency.
32 (e) This subsection does not apply to an emergency shelter or an
33 emergency shelter group home. A licensee, after attempting to
34 determine the child's immunization history, shall ensure that each child
35 has received all immunizations and booster shots which are required
36 under IC 20-34-4-2(c)(1).
37 (f) All children must be immunized against routine childhood
38 diseases unless exempted by a licensed professional's statement.
39 (g) A child may be exempted from immunizations against routine
40 childhood diseases upon the good faith religious belief statement of the
41 parent or guardian.
42 (h) The adequate immunizing doses and the child's age for
ES 498—LS 7484/DI 148 15
1 administering each vaccine under subsection (e) must be those
2 recommended by the Indiana department of health.
3 (i) Adequate documentation of an immunization history must
4 consist of one (1) of the following:
5 (1) A licensed professional's certificate, including the number and
6 dates of doses administered.
7 (2) Immunization records forwarded from a school corporation,
8 including the number and dates of doses administered.
9 (3) A record maintained by the parent or guardian showing the
10 month, day, and year during which each dose of vaccine was
11 administered.
12 (j) If a licensed professional certifies in writing that a particular
13 immunization required under this section is detrimental, or may be
14 detrimental, to the child's health, the requirements for that particular
15 immunization are not applicable for that child until the immunization
16 is found no longer to be detrimental to the child's health.
17 (k) A licensee shall maintain a health record for each child. The
18 record must include the following:
19 (1) Admission and periodic health and dental examination
20 information.
21 (2) A licensed professional's written instructions with regard to
22 special dietary or health care required.
23 (3) Record of all medications and treatments.
24 (4) Record of observations and incidents, including accidents,
25 injuries, or any other condition which may be associated with a
26 health condition or possible abuse or neglect.
27 SECTION 9. IC 31-27-9-3, AS ADDED BY P.L.109-2024,
28 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 UPON PASSAGE]: Sec. 3. (a) A licensee shall provide psychotropic
30 medications to a child only as prescribed by a licensed professional in
31 Indiana:
32 (1) whose scope of work includes prescribing psychotropic
33 medications; and
34 (2) who has the responsibility for the diagnosis, treatment, and
35 therapeutic planning for the child.
36 (b) This subsection does not apply to an emergency shelter or an
37 emergency shelter group home. A licensee shall obtain from the
38 prescribing licensed professional a written report at least every
39 thirty-five (35) days for each child receiving psychotropic medication.
40 The written report must state the reasons medication is being
41 continued, discontinued, or changed, as well as any recommended
42 changes in the treatment goals and planning. The report must be based
ES 498—LS 7484/DI 148 16
1 on the licensed professional's review of reports by staff as well as the
2 professional's actual observation of the child at least every ninety-three
3 (93) days.
4 SECTION 10. An emergency is declared for this act.
ES 498—LS 7484/DI 148 17
COMMITTEE REPORT
Mr. President: The Senate Committee on Family and Children
Services, to which was referred Senate Bill No. 498, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Replace the effective dates in SECTIONS 1 through 4 with
"[EFFECTIVE UPON PASSAGE]".
Page 2, line 42, delete "agency." and insert "agency (as defined in
IC 31-9-2-19.3).".
Page 3, line 5, delete "study;" and insert "study or related field;".
Page 3, line 8, delete "agency." and insert "agency (as defined in
IC 31-9-2-19.3).".
Page 3, after line 24, begin a new paragraph and insert:
"SECTION 5. IC 31-27-9-1, AS ADDED BY P.L.109-2024,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. For purposes of this chapter, the following
definitions apply:
(1) "Caseworker" includes staff who perform casework, group
work tasks, or planning of services for children and their families.
(2) "Licensed professional" means any of the following:
(A) A physician licensed under IC 25-22.5.
(B) An advanced practice registered nurse licensed under
IC 25-23.
(C) A physician assistant licensed under IC 25-27.5.
(3) "Licensee" means a person who is licensed to operate one (1)
or more of the following:
(A) A children's home.
(B) A child caring institution.
(C) Emergency shelter care.
(D) (C) A private secure facility.
(E) (D) A group home.
(F) An emergency shelter care group home.
SECTION 6. An emergency is declared for this act.".
and when so amended that said bill do pass.
(Reference is to SB 498 as introduced.)
WALKER G, Chairperson
Committee Vote: Yeas 9, Nays 0.
ES 498—LS 7484/DI 148 18
COMMITTEE REPORT
Mr. Speaker: Your Committee on Family, Children and Human
Affairs, to which was referred Senate Bill 498, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 25-26-24-19, AS AMENDED BY P.L.233-2023,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 19. (a) Information received by the INSPECT
program under section 17 of this chapter is confidential.
(b) The board shall carry out a program to protect the confidentiality
of the information described in subsection (a). The board may disclose
the information to another person only under subsection (c), (d), or (g).
(c) The board may disclose confidential information described in
subsection (a) to any person who is authorized to engage in receiving,
processing, or storing the information.
(d) Except as provided in subsections (e) and (f), the board may
release confidential information described in subsection (a) to the
following persons:
(1) A member of the board or another governing body that
licenses practitioners and is engaged in an investigation, an
adjudication, or a prosecution of a violation under any state or
federal law that involves ephedrine, pseudoephedrine, or a
controlled substance.
(2) An investigator for the consumer protection division of the
office of the attorney general, a prosecuting attorney, the attorney
general, a deputy attorney general, or an investigator from the
office of the attorney general, who is engaged in:
(A) an investigation;
(B) an adjudication; or
(C) a prosecution;
of a violation under any state or federal law that involves
ephedrine, pseudoephedrine, or a controlled substance.
(3) A law enforcement officer who is an employee of:
(A) a local, state, or federal law enforcement agency; or
(B) an entity that regulates ephedrine, pseudoephedrine, or
controlled substances or enforces ephedrine, pseudoephedrine,
or controlled substances rules or laws in another state;
that is certified to receive ephedrine, pseudoephedrine, or
controlled substance prescription drug information from the
ES 498—LS 7484/DI 148 19
INSPECT program.
(4) A practitioner or practitioner's agent certified to receive
information from the INSPECT program.
(5) An ephedrine, pseudoephedrine, or controlled substance
monitoring program in another state with which Indiana has
established an interoperability agreement.
(6) The state toxicologist.
(7) A certified representative of the Medicaid retrospective and
prospective drug utilization review program.
(8) A substance abuse assistance program for a licensed health
care provider who:
(A) has prescriptive authority under this title; and
(B) is participating in the assistance program.
(9) An individual who holds a valid temporary medical permit
issued under IC 25-22.5-5-4 or a noneducational commission for
foreign medical graduates certified graduate permit issued under
IC 25-22.5-5-4.6.
(10) A county coroner conducting a medical investigation of the
cause of death.
(11) The management performance hub established by
IC 4-3-26-8.
(12) The state epidemiologist under the Indiana department of
health.
(13) A supervisor of the department of child services who is
engaged in:
(A) an investigation; or
(B) an adjudication;
of child abuse or neglect.
(e) Information provided to a person under:
(1) subsection (d)(3) is limited to information:
(A) concerning an individual or proceeding involving the
unlawful diversion or misuse of a schedule II, III, IV, or V
controlled substance; and
(B) that will assist in an investigation or proceeding;
(2) subsection (d)(4) may be released only for the purpose of:
(A) providing medical or pharmaceutical treatment; or
(B) evaluating the need for providing medical or
pharmaceutical treatment to a patient; and
(3) subsection (d)(11) must be released to the extent disclosure of
the information is not prohibited by applicable federal law.
(f) Before the board releases confidential information under
subsection (d), the applicant must be approved by the INSPECT
ES 498—LS 7484/DI 148 20
program in a manner prescribed by the board.
(g) The board may release to:
(1) a member of the board or another governing body that licenses
practitioners;
(2) an investigator for the consumer protection division of the
office of the attorney general, a prosecuting attorney, the attorney
general, a deputy attorney general, or an investigator from the
office of the attorney general; or
(3) a law enforcement officer who is:
(A) authorized by the state police department to receive
ephedrine, pseudoephedrine, or controlled substance
prescription drug information; and
(B) approved by the board to receive the type of information
released;
confidential information generated from computer records that
identifies practitioners who are prescribing or dispensing large
quantities of a controlled substance.
(h) The information described in subsection (g) may not be released
until it has been reviewed by:
(1) a member of the board who is licensed in the same profession
as the prescribing or dispensing practitioner identified by the data;
or
(2) the board's designee;
and until that member or the designee has certified that further
investigation is warranted. However, failure to comply with this
subsection does not invalidate the use of any evidence that is otherwise
admissible in a proceeding described in subsection (i).
(i) An investigator or a law enforcement officer receiving
confidential information under subsection (c), (d), or (g) may disclose
the information to a law enforcement officer or an attorney for the
office of the attorney general for use as evidence in the following:
(1) A proceeding under IC 16-42-20.
(2) A proceeding under any state or federal law.
(3) A criminal proceeding or a proceeding in juvenile court.
(j) The board may compile statistical reports from the information
described in subsection (a). The reports must not include information
that identifies any practitioner, ultimate user, or other person
administering ephedrine, pseudoephedrine, or a controlled substance.
Statistical reports compiled under this subsection are public records.
(k) Except as provided in subsections (q) and (r), and in addition to
any requirements provided in IC 25-22.5-13, the following practitioners
shall obtain information about a patient from the data base either
ES 498—LS 7484/DI 148 21
directly or through the patient's integrated health record before
prescribing an opioid or benzodiazepine to the patient:
(1) A practitioner who has had the information from the data base
integrated into the patient's electronic health records.
(2) A practitioner who provides services to the patient in:
(A) the emergency department of a hospital licensed under
IC 16-21; or
(B) a pain management clinic.
(3) Beginning January 1, 2020, a practitioner who provides
services to the patient in a hospital licensed under IC 16-21.
(4) Beginning January 1, 2021, all practitioners.
However, a practitioner is not required to obtain information about a
patient who is subject to a pain management contract from the data
base more than once every ninety (90) days.
(l) A practitioner who checks the INSPECT program either directly
through the data base or through the patient's integrated health record
for the available data on a patient is immune from civil liability for an
injury, death, or loss to a person solely due to a practitioner:
(1) seeking information from the INSPECT program; and
(2) in good faith using the information for the treatment of the
patient.
The civil immunity described in this subsection does not extend to a
practitioner if the practitioner receives information directly from the
INSPECT program or through the patient's integrated health record and
then negligently misuses this information. This subsection does not
apply to an act or omission that is a result of gross negligence or
intentional misconduct.
(m) The board may review the records of the INSPECT program. If
the board determines that a violation of the law may have occurred, the
board shall notify the appropriate law enforcement agency or the
relevant government body responsible for the licensure, regulation, or
discipline of practitioners authorized by law to prescribe controlled
substances.
(n) A practitioner who in good faith discloses information based on
a report from the INSPECT program either directly through the data
base or through the patient's integrated health record to a law
enforcement agency is immune from criminal or civil liability. A
practitioner that discloses information to a law enforcement agency
under this subsection is presumed to have acted in good faith.
(o) A practitioner's agent may act as a delegate and check INSPECT
program reports on behalf of the practitioner.
(p) A patient may access a report from the INSPECT program that
ES 498—LS 7484/DI 148 22
has been included in the patient's medical file by a practitioner.
(q) A practitioner is not required under subsection (k) to obtain
information about a patient from the data base or through the patient's
integrated health record before prescribing an opioid or benzodiazepine
if any of the following apply:
(1) The practitioner has obtained a waiver from the board because
the practitioner does not have access to the Internet at the
practitioner's place of business.
(2) The patient is:
(A) recovering; or
(B) in the process of completing a prescription that was
prescribed by another practitioner;
while still being treated as an inpatient or in observation status.
(3) The data base described in section 18 of this chapter is
suspended or is not operational if the practitioner documents in
writing or electronically the date and time in the patient's medical
record that the practitioner, dispenser, or delegate attempted to
use the data base.
(r) A practitioner is not required under subsection (k) to obtain
information about a patient from the data base or through the patient's
integrated health record before prescribing an opioid or benzodiazepine
if the patient is enrolled in a hospice program (as defined in
IC 16-25-1.1-4).".
Page 1, between lines 12 and 13, begin a new paragraph and insert:
"SECTION 2. IC 31-27-3-3, AS AMENDED BY P.L.173-2022,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) An applicant must apply for a child
caring institution license on forms provided by the department.
(b) An applicant must submit the required information as part of the
application.
(c) The applicant must submit with the application a statement
attesting the following:
(1) Whether the applicant has been convicted of:
(A) a felony; or
(B) a misdemeanor relating to the health and safety of
children.
(2) Whether the applicant has been charged with:
(A) a felony; or
(B) a misdemeanor relating to the health and safety of
children;
during the pendency of the application.
(d) The department, on behalf of an applicant, or, at the discretion
ES 498—LS 7484/DI 148 23
of the department, an applicant, shall conduct a criminal history check
of the following:
(1) Each individual who is an applicant.
(2) The director or manager of a facility where children will be
placed.
(3) Each employee or volunteer or contractor of the applicant.
(4) Each:
(A) contractor; or
(B) other individual;
working for the applicant who is likely to have unsupervised
contact with children in the child caring institution within the
scope of the contractor's or individual's employment.
(e) If the applicant conducts a criminal history check under
subsection (d), the applicant shall:
(1) maintain records of the information it receives concerning
each individual who is the subject of a criminal history check; and
(2) submit to the department a copy of the information it receives
concerning each person described in subsection (d)(1) through
(d)(3). (d)(4).
(f) If the department conducts a criminal history check on behalf of
an applicant under subsection (d), the department shall:
(1) determine whether the subject of a national fingerprint based
criminal history check has a record of:
(A) a conviction for a felony;
(B) a conviction for a misdemeanor relating to the health and
safety of a child; or
(C) a juvenile adjudication for a nonwaivable offense, as
defined in IC 31-9-2-84.8 that, if committed by an adult,
would be a felony;
(2) notify the applicant of the determination under subdivision (1)
without identifying a specific offense or other identifying
information concerning a conviction or juvenile adjudication
contained in the national criminal history record information;
(3) submit to the applicant a copy of any state limited criminal
history report that the department receives on behalf of any person
described in subsection (d); and
(4) maintain a record of every report and all information the
department receives concerning a person described in subsection
(d).
(g) Except as provided in subsection (h), a criminal history check
described in subsection (d) is required only at the time an application
for a new license or the renewal of an existing license is submitted.
ES 498—LS 7484/DI 148 24
(h) Except as provided in subsection (i), a criminal history check of
each person described in subsection (d)(2), or (d)(3), or (d)(4) must be
completed on or before the date the person:
(1) is employed;
(2) is assigned as a volunteer; or
(3) enters into, or the person's employing entity enters into, a
contract with the applicant.
(i) An individual may be employed by a child caring institution as
an employee, volunteer, or contractor before a criminal history check
of the individual is completed as required under subsection (h) if all of
the following conditions are satisfied:
(1) The following checks have been completed regarding the
individual:
(A) A fingerprint based check of national crime information
data bases under IC 31-9-2-22.5(1).
(B) A national sex offender registry check under
IC 31-9-2-22.5(3).
(C) An in-state local criminal records check under
IC 31-9-2-22.5(4).
(D) An in-state child protection index check under
IC 31-33-26.
(2) If the individual has resided outside Indiana at any time during
the five (5) years preceding the individual's date of hiring by the
child caring institution, the following checks have been requested
regarding the individual:
(A) An out-of-state child abuse registry check under
IC 31-9-2-22.5(2).
(B) An out-of-state local criminal records check under
IC 31-9-2-22.5(4).
(3) The individual's employment before the completion of the
criminal history check required under subsection (h) is limited to
training during which the individual:
(A) does not have contact with children who are under the care
and control of the child caring institution; and
(B) does not have access to records containing information
regarding children who are under the care and control of the
child caring institution.
(4) The individual completes an attestation, under penalty of
perjury, disclosing:
(A) any abuse or neglect complaints made against the
individual with the child welfare agency of a state other than
Indiana in which the individual resided within the five (5)
ES 498—LS 7484/DI 148 25
years preceding the date of the attestation; and
(B) any contact the individual had with a law enforcement
agency in connection with the individual's suspected or alleged
commission of a crime in a state other than Indiana in which
the individual resided within the five (5) years preceding the
date of the attestation.
(j) The applicant or facility is responsible for any fees associated
with a criminal history check.
(k) The department shall, at the applicant's request, inform the
applicant whether the department has or does not have a record of the
person who is the subject of a criminal history check and if the
department has identified the person as an alleged perpetrator of abuse
or neglect. The department may not provide to the applicant any details
or personally identifying information contained in any child protective
services investigation report.
(l) A person who is the subject of a criminal history check
conducted in accordance with this section may request the state police
department to provide the person with a copy of any state or national
criminal history report concerning the person.".
Page 2, between lines 3 and 4, begin a new paragraph and insert:
"SECTION 3. IC 31-27-5-4, AS AMENDED BY P.L.173-2022,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) An applicant must apply for a group
home license on forms provided by the department.
(b) An applicant must submit the required information as part of the
application.
(c) An applicant must submit with the application a statement
attesting the following:
(1) Whether the applicant has been convicted of:
(A) a felony; or
(B) a misdemeanor relating to the health and safety of
children.
(2) Whether the applicant has been charged with:
(A) a felony; or
(B) a misdemeanor relating to the health and safety of
children;
during the pendency of the application.
(d) The department on behalf of an applicant, or, at the discretion of
the department, an applicant, shall conduct a criminal history check of
the following:
(1) Each individual who is an applicant.
(2) The director or manager of a facility where children will be
ES 498—LS 7484/DI 148 26
placed.
(3) Each employee or volunteer or contractor of the applicant.
(4) Each:
(A) contractor; or
(B) other individual;
working for the applicant who is likely to have unsupervised
contact with children in the group home within the scope of
the contractor's or individual's employment.
(e) If the applicant conducts a criminal history check under
subsection (d), the applicant shall:
(1) maintain records of the information it receives concerning
each individual who is the subject of a criminal history check; and
(2) submit to the department a copy of the information the
applicant receives concerning each person described in subsection
(d)(1) through (d)(3). (d)(4).
(f) If the department conducts a criminal history check on behalf of
an applicant under subsection (d), the department shall:
(1) determine whether the subject of a national fingerprint based
criminal history check has a record of a:
(A) conviction for a felony;
(B) conviction for a misdemeanor relating to the health and
safety of a child; or
(C) juvenile adjudication for a nonwaivable offense, as defined
in IC 31-9-2-84.8 that, if committed by an adult, would be a
felony;
(2) notify the applicant of the determination under subdivision (1)
without identifying a specific offense or other identifying
information concerning a conviction or juvenile adjudication
contained in the national criminal history record information;
(3) submit to the applicant a copy of any state limited criminal
history report that the department receives on behalf of any person
described in subsection (d); and
(4) maintain a record of every report and all information it
receives concerning a person described in subsection (d).
(g) Except as provided in subsection (h), a criminal history check
described in subsection (d) is required only at the time an application
for a new license or the renewal of an existing license is submitted.
(h) Except as provided in subsection (i), a criminal history check of
each person described in subsection (d)(2), or (d)(3), or (d)(4) must be
completed on or before the date the person:
(1) is employed;
(2) is assigned as a volunteer; or
ES 498—LS 7484/DI 148 27
(3) enters into, or the person's employing entity enters into, a
contract with the applicant.
(i) An individual may be employed by a group home as an
employee, volunteer, or contractor before a criminal history check of
the individual is completed as required under subsection (h) if all of the
following conditions are satisfied:
(1) The following checks have been completed regarding the
individual:
(A) A fingerprint based check of national crime information
data bases under IC 31-9-2-22.5(1).
(B) A national sex offender registry check under
IC 31-9-2-22.5(3).
(C) An in-state local criminal records check under
IC 31-9-2-22.5(4).
(D) An in-state child protection index check under
IC 31-33-26.
(2) If the individual has resided outside Indiana at any time during
the five (5) years preceding the individual's date of hiring by the
group home, the following checks have been requested regarding
the individual:
(A) An out-of-state child abuse registry check under
IC 31-9-2-22.5(2).
(B) An out-of-state local criminal records check under
IC 31-9-2-22.5(4).
(3) The individual's employment before the completion of the
criminal history check required under subsection (h) is limited to
training during which the individual:
(A) does not have contact with children who are under the care
and control of the group home; and
(B) does not have access to records containing information
regarding children who are under the care and control of the
group home.
(4) The individual completes an attestation, under penalty of
perjury, disclosing:
(A) any abuse or neglect complaints made against the
individual with the child welfare agency of a state other than
Indiana in which the individual resided within the five (5)
years preceding the date of the attestation; and
(B) any contact the individual had with a law enforcement
agency in connection with the individual's suspected or alleged
commission of a crime in a state other than Indiana in which
the individual resided within the five (5) years preceding the
ES 498—LS 7484/DI 148 28
date of the attestation.
(j) The applicant is responsible for any fees associated with a
criminal history check.
(k) The department shall, at the applicant's request, inform the
applicant as to whether the department has or does not have a record of
the person who is the subject of a criminal history check and whether
the department has identified the person as an alleged perpetrator of
abuse or neglect. The department may not provide to the applicant any
details or personally identifying information contained in any child
protective services investigation report.
(l) A person who is the subject of a criminal history check
conducted in accordance with this section may request the state police
department to provide the person with a copy of any state or national
criminal history report concerning the person.".
Page 3, delete lines 27 through 42, begin a new paragraph and
insert:
"SECTION 5. IC 31-27-9-2, AS ADDED BY P.L.109-2024,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) A licensee shall obtain from the placing
agency or placing parent a statement indicating whether or not the child
has, to the best of the agency's or parent's knowledge, been exposed to
a communicable disease within twenty-one (21) days before the date
of admission.
(b) Each child must receive a health examination by a licensed
professional within ninety-three (93) days before admission, or not later
than twenty-one (21) days after admission. The examination must
include the following:
(1) Health history.
(2) Physical examination.
(3) Vision and hearing screening.
(4) A test for tuberculosis if the last such test is known to be
negative or if there is no record of a test. If the test is positive the
child shall have a diagnostic chest x-ray and other indicated
laboratory tests to determine whether or not the disease is in an
infectious state.
(5) A written statement from the licensed professional that in the
professional's opinion there is no health condition that would be
hazardous either to the child or to other children in the licensee's
care.
(6) A statement of the medical findings, including physical
defects and need for dental care, state of development, and ability
of the child to take part in group activities, or a schedule of
ES 498—LS 7484/DI 148 29
permitted activities if activities need to be limited.
(7) A health examination, including a tuberculosis screen
annually and a tuberculosis test whenever there is reason to
suspect that the child may have a condition hazardous or
potentially hazardous to others or whenever the child's general
condition indicates the need for an examination.
(c) Each child must receive a dental examination from a licensed
dentist as follows:
(1) Within forty-five (45) days of admission unless the child
caring institution has documentation of a dental examination
within the one hundred eighty-five (185) days before admission.
(2) Annually.
(3) Whenever an interim condition indicates the need for
examination or treatment.
(d) Any treatment or corrective measures required by the licensed
professional or dentist must be arranged by the licensee, as approved
by a parent, legal guardian, or placing agency.
(e) This subsection does not apply to an emergency shelter or an
emergency shelter group home. A licensee, after attempting to
determine the child's immunization history, shall ensure that each child
has received all immunizations and booster shots which are required
under IC 20-34-4-2(c)(1).
(f) All children must be immunized against routine childhood
diseases unless exempted by a licensed professional's statement.
(g) A child may be exempted from immunizations against routine
childhood diseases upon the good faith religious belief statement of the
parent or guardian.
(h) The adequate immunizing doses and the child's age for
administering each vaccine under subsection (e) must be those
recommended by the Indiana department of health.
(i) Adequate documentation of an immunization history must
consist of one (1) of the following:
(1) A licensed professional's certificate, including the number and
dates of doses administered.
(2) Immunization records forwarded from a school corporation,
including the number and dates of doses administered.
(3) A record maintained by the parent or guardian showing the
month, day, and year during which each dose of vaccine was
administered.
(j) If a licensed professional certifies in writing that a particular
immunization required under this section is detrimental, or may be
detrimental, to the child's health, the requirements for that particular
ES 498—LS 7484/DI 148 30
immunization are not applicable for that child until the immunization
is found no longer to be detrimental to the child's health.
(k) A licensee shall maintain a health record for each child. The
record must include the following:
(1) Admission and periodic health and dental examination
information.
(2) A licensed professional's written instructions with regard to
special dietary or health care required.
(3) Record of all medications and treatments.
(4) Record of observations and incidents, including accidents,
injuries, or any other condition which may be associated with a
health condition or possible abuse or neglect.
SECTION 6. IC 31-27-9-3, AS ADDED BY P.L.109-2024,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) A licensee shall provide psychotropic
medications to a child only as prescribed by a licensed professional in
Indiana:
(1) whose scope of work includes prescribing psychotropic
medications; and
(2) who has the responsibility for the diagnosis, treatment, and
therapeutic planning for the child.
(b) This subsection does not apply to an emergency shelter or an
emergency shelter group home. A licensee shall obtain from the
prescribing licensed professional a written report at least every
thirty-five (35) days for each child receiving psychotropic medication.
The written report must state the reasons medication is being
continued, discontinued, or changed, as well as any recommended
changes in the treatment goals and planning. The report must be based
on the licensed professional's review of reports by staff as well as the
professional's actual observation of the child at least every ninety-three
(93) days.".
Page 4, delete lines 1 through 3.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 498 as printed February 4, 2025.)
DEVON
Committee Vote: yeas 12, nays 0.
ES 498—LS 7484/DI 148