1. (a) The department shall adopt rules under IC 4-22-2 , including emergency rules under IC 4-22-2-37.1 , concerning the licensing and inspection of:

   1. (1) child caring institutions, foster family homes, group homes, and child placing agencies after consultation with the following:

      1. (A) Indiana department of health.
      2. (B) Fire prevention and building safety commission; and
   2. (2) child caring institutions and group homes that are licensed for infants and toddlers after consultation with the division of family resources.
2. (b) The rules adopted under subsection (a) shall be applied by the department and state fire marshal in the licensing and inspection of applicants for a license and licensees under this article.
3. (c) The rules adopted under IC 4-22-2 must establish minimum standards for the care and treatment of children in a secure private facility.

4. (d) The rules described in subsection (c) must include standards governing the following:

   1. (1) Admission criteria.
   2. (2) General physical and environmental conditions.
   3. (3) Services and programs to be provided to confined children.
   4. (4) Procedures for ongoing monitoring and discharge planning.
   5. (5) Procedures for the care and control of confined persons that are necessary to ensure the health, safety, and treatment of confined children.

5. (e) The department shall license a facility as a secure private facility if the facility:

   1. (1) meets the minimum standards required under subsection (c);
   2. (2) provides a continuum of care and services; and
   3. (3) is licensed under IC 31-27-3 .
6. (f) A waiver of the rules may not be granted for treatment and reporting requirements.

As added by P.L.145-2006, SEC.273. Amended by P.L.131-2009, SEC.35; P.L.162-2011, SEC.22; P.L.128-2012, SEC.95; P.L.56-2023, SEC.301.