Indiana Code 12-17.2-6-16. Application denial; causes
(1) A determination by the department of child services of child abuse or neglect (as defined in IC 31-9-2-14) by:
Terms Used In Indiana Code 12-17.2-6-16
- Conviction: A judgement of guilt against a criminal defendant.
- 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.
(B) an employee of the applicant who may be present on the premises of the child care ministry during operating hours of the child care ministry; or
(C) a volunteer of the applicant who may be present on the premises of the child care ministry during operating hours of the child care ministry.
(2) A criminal conviction of the applicant, or an employee or volunteer of the applicant who may be present on the premises of the child care ministry during operating hours of the child care ministry, of any of the following:
(A) A felony:
(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) A misdemeanor related to the health or safety of a child.
(C) A misdemeanor for operating a child care ministry without a registration under this chapter, or a substantially similar offense in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child.
(D) A misdemeanor for operating a child care center without a license under IC 12-17.2-4-35, or a substantially similar offense in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child.
(E) A misdemeanor for operating a child care home without a license under IC 12-17.2-5-35, or a substantially similar offense in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child.
(3) A determination by the division that the applicant made false statements in the applicant’s application for registration.
(4) A determination by the division that the applicant made false statements in the records required by the division.
(5) A determination by the division that the applicant previously operated a:
(A) child care ministry without a registration under this chapter;
(B) child care center without a license under IC 12-17.2-4; or
(C) child care home without a license under IC 12-17.2-5.
(b) Notwithstanding subsection (a)(2), if:
(1) a registration application is denied due to a criminal conviction of an employee or a volunteer of the applicant; and
(2) the division determines that the employee or volunteer has been dismissed by the applicant;
the criminal conviction of the former employee or former volunteer does not require denial of the registration application.
As added by P.L.53-2018, SEC.12. Amended by P.L.121-2020, SEC.11.