Indiana Code 12-17.2-3.5-4. Ineligible providers; enforcement actions; decertification; division consideration of religious instruction or activity
(1) has been convicted of a:
Terms Used In Indiana Code 12-17.2-3.5-4
- child care program: refers to the activities provided for children during the time that children are in the care of a provider. See Indiana Code 12-17.2-3.5-1.2
- employs: refers to services performed by an individual for compensation. See Indiana Code 12-17.2-3.5-1.3
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- voucher payment: means payment for child care through the federal Child Care and Development Fund voucher program administered under Indiana Code 12-17.2-3.5-3
(i) related to the health or safety of a child;
(ii) that is a sex offense (as defined in IC 11-8-8-5.2);
(iii) that is a dangerous felony; or
(iv) that is not a felony otherwise described in items (i) through (iii), and less than ten (10) years have elapsed from the date the person was discharged from probation, imprisonment, or parole, whichever discharge date is latest;
(B) misdemeanor related to:
(i) the health or safety of a child; or
(ii) welfare fraud;
(C) misdemeanor for operating a child care center without a license under IC 12-17.2-4-35, or of a substantially similar offense committed in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child; or
(D) misdemeanor for operating a child care home without a license under IC 12-17.2-5-35, or of a substantially similar offense committed in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child;
(2) allows an individual who has been convicted of a crime specified under subdivision (1) to reside with the provider, if the provider operates a child care program in the provider’s home;
(3) employs an individual or allows an individual to volunteer who:
(A) may be on the premises of the facility where the provider operates a child care program during operating hours of the child care program; and
(B) has been convicted of a crime specified in subdivision (1);
(4) has had a revocation of eligibility under this chapter during the immediately preceding two (2) years; or
(5) fails to meet the requirements of this chapter.
(b) A provider whose:
(1) license under IC 12-17.2-4 or IC 12-17.2-5; or
(2) compliance with this chapter;
is subject to an enforcement action is ineligible to receive a voucher payment, regardless of whether the provider meets the requirements of this chapter, until the outcome of any proceeding under IC 4-21.5 reflects a final determination that the provider’s license or eligibility is in good standing.
(c) If the division decertifies a provider under this chapter, the provider:
(1) may reapply for eligibility to receive a voucher payment at any time that the provider is able to demonstrate compliance with this chapter; and
(2) is not eligible to receive a voucher payment under this chapter until the provider receives notice from the division that the provider’s application under subdivision (1) has been approved.
(d) In determining whether a provider meets the requirements of this chapter, the division may not consider religious instruction or activities.
As added by P.L.247-2001, SEC.3. Amended by P.L.109-2002, SEC.2; P.L.18-2003, SEC.12; P.L.287-2013, SEC.6; P.L.225-2013, SEC.8; P.L.171-2014, SEC.2; P.L.121-2020, SEC.2.