Indiana Code 10-13-3-39. Department designated authorized agency for national criminal history background check; request for background check by qualified entity; exchange of identification records; results provided to public agency
(b) A qualified entity may contact the department to request a national criminal history background check on any of the following persons:
Terms Used In Indiana Code 10-13-3-39
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- care: means the provision of care, treatment, education, training, instruction, supervision, or recreation to children less than eighteen (18) years of age. See Indiana Code 10-13-3-2
- certificated employee: has the meaning set forth in IC 20-29-2-4. See Indiana Code 10-13-3-3
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- national criminal history background check: means the criminal history record system maintained by the Federal Bureau of Investigation based on fingerprint identification or any other method of positive identification. See Indiana Code 10-13-3-12
- noncertificated employee: has the meaning set forth in IC 20-29-2-11. See Indiana Code 10-13-3-14
- qualified entity: means a business or an organization, whether public, private, for-profit, nonprofit, or voluntary, that provides care or care placement services. See Indiana Code 10-13-3-16
- request: means asking for release or inspection of a limited criminal history by noncriminal justice organizations or individuals in a manner that:
Indiana Code 10-13-3-19
- school corporation: has the meaning set forth in IC 20-18-2-16. See Indiana Code 10-13-3-20
- special education cooperative: has the meaning set forth in IC 20-35-5-1(8). See Indiana Code 10-13-3-21
- United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
(2) A person who seeks to volunteer or is a volunteer with the qualified entity. A request under this subdivision must be made not later than three (3) months after the person initially volunteers with the qualified entity.
(3) A person for whom a national criminal history background check is required under any law relating to the licensing of a home, center, or other facility for purposes of day care or residential care of children.
(4) A person for whom a national criminal history background check is permitted for purposes of:
(A) placement of a child in a foster family home, a prospective adoptive home, or the home of a relative, legal guardian to whom IC 29-3-8-9 applies, or other caretaker under section 27.5 of this chapter or IC 31-34;
(B) a report concerning an adoption as required by IC 31-19-8;
(C) collaborative care host homes and supervised independent living arrangements as provided in IC 31-28-5.8-5.5; or
(D) reunification of a child with a parent, guardian, or custodian as provided in IC 31-34-21-5.5.
(5) A person for whom a national criminal history background check is required for the licensing of a group home, child caring institution, child placing agency, or foster home under IC 31-27.
(6) A person for whom a national criminal history background check is required for determining the individual’s suitability as an employee of a contractor of the state under section 38.5(a)(1) of this chapter.
(c) A qualified entity must submit a request under subsection (b) in the form required by the department and provide a set of the person’s fingerprints and any required fees with the request.
(d) If a qualified entity makes a request in conformity with subsection (b), the department shall submit the set of fingerprints provided with the request to the Federal Bureau of Investigation for a national criminal history background check. The department shall respond to the request in conformity with:
(1) the requirements of 42 U.S.C. § 5119a; and
(2) the regulations prescribed by the Attorney General of the United States under 42 U.S.C. § 5119a.
(e) Subsection (f):
(1) applies to a qualified entity that:
(A) is not a school corporation or a special education cooperative; or
(B) is a school corporation or a special education cooperative and seeks a national criminal history background check for a volunteer; and
(2) does not apply to a qualified entity that is a:
(A) home health agency licensed under IC 16-27-1; or
(B) personal services agency licensed under IC 16-27-4.
(f) After receiving the results of a national criminal history background check from the Federal Bureau of Investigation, the department shall make a determination whether the person who is the subject of a request has been convicted of:
(1) an offense described in IC 20-26-5-11.2;
(2) in the case of a foster family home, a nonwaivable offense as defined in IC 31-9-2-84.8;
(3) in the case of a prospective adoptive home, a nonwaivable offense under IC 31-9-2-84.8;
(4) any other felony; or
(5) any misdemeanor;
and convey the determination to the requesting qualified entity.
(g) This subsection applies to a qualified entity that:
(1) is a school corporation or a special education cooperative; and
(2) seeks a national criminal history background check to determine whether to employ or continue the employment of a certificated employee, a noncertificated employee, or an adjunct teacher who holds a permit under IC 20-28-5-27 of a school corporation or an equivalent position with a special education cooperative.
After receiving the results of a national criminal history background check from the Federal Bureau of Investigation, the department may exchange identification records concerning convictions for offenses described in IC 20-26-5-11.2 with the school corporation or special education cooperative solely for purposes of making an employment determination. The exchange may be made only for the official use of the officials with authority to make the employment determination. The exchange is subject to the restrictions on dissemination imposed under P.L.92-544, (86 Stat. 1115) (1972).
(h) This subsection applies to a qualified entity (as defined in IC 10-13-3-16) that is a public agency under IC 5-14-1.5-2(a)(1). After receiving the results of a national criminal history background check from the Federal Bureau of Investigation, the department shall provide a copy to the public agency. Except as permitted by federal law, the public agency may not share the information contained in the national criminal history background check with a private agency.
(i) This subsection applies to a qualified entity that is a:
(1) home health agency licensed under IC 16-27-1; or
(2) personal services agency licensed under IC 16-27-4.
After receiving the results of a national criminal history background check from the Federal Bureau of Investigation, the department shall make a determination whether the applicant has been convicted of an offense described in IC 16-27-2-5(a) and convey the determination to the requesting qualified entity.
(j) The department:
(1) may permanently retain an applicant’s fingerprints submitted under this section; and
(2) shall retain the applicant’s fingerprints separately from fingerprints collected under section 24 of this chapter.
[Pre-2003 Recodification Citation: 5-2-5-15.]
As added by P.L.2-2003, SEC.4. Amended by P.L.1-2005, SEC.120; P.L.234-2005, SEC.11; P.L.138-2007, SEC.2; P.L.197-2007, SEC.2; P.L.3-2008, SEC.85; P.L.155-2011, SEC.3; P.L.104-2015, SEC.1; P.L.183-2017, SEC.1; P.L.243-2019, SEC.1; P.L.168-2022, SEC.2; P.L.110-2023, SEC.1.