Authority: IC 12-13-5-3; IC 12-17.2-3.5-15

Affected: IC 12-17.2-3.5; IC 12-17.2-4-35; IC 12-17.2-5-35

Sec. 14. (a) The provider shall, at the provider's expense, provide the verifying agent a statewide criminal history dated within sixty (60) days prior to receipt of initial application by the verifying agency or hire date for the following:

1. (1) The provider.
2. (2) All individuals at least eighteen (18) years of age living in a home where child care is provided or individuals less than eighteen (18) years of age living in the home, if that individual has been waived from juvenile to adult court.
3. (3) All employees and volunteer caregivers at the facility where child care is provided.

(b) A provider is ineligible to receive a voucher payment until the individual is dismissed from employment and no longer caring for children at the facility or no longer resides with the provider, if an individual for whom a limited criminal history is required under this section has been convicted of any of the following:

1. (1) A felony.
2. (2) A misdemeanor related to the health or safety of a child.
3. (3) A misdemeanor for operating a child care center without a license under IC 12-17.2-4-35.
4. (4) A misdemeanor for operating child care home without a license under IC 12-17.2-5-35.

(c) As follows, the provider that meets the other eligibility requirements of this rule is temporarily eligible to receive voucher payments even though the provider has not provided the criminal history required under this rule from the state police department if:

1. (1) The provider has applied for the limited criminal history required under this rule.
2. (2) The provider obtains a local criminal history for the individuals described in this rule.

3. (3) The local criminal history does not reveal that an individual has been convicted of any of the following:

   1. (A) A felony.
   2. (B) A misdemeanor related to the health or safety of a child.
   3. (C) A misdemeanor for operating a child care center without a license under IC 12-17.2-4-35.
   4. (D) A misdemeanor for operating a child care home without a license under IC 12-17.2-5-35.

(d) The provider is ineligible to receive a voucher payment until the individual is dismissed from employment and no longer cares for children at the facility or no longer resides with the provider, if an individual for whom a local criminal history is required under this section has been convicted of any of the following:

1. (1) A felony.
2. (2) A misdemeanor related to the health or safety of a child.
3. (3) A misdemeanor for operating a child care center without a license under IC 12-17.2-4-35.
4. (4) A misdemeanor for operating a child care home without a license under IC 12-17.2-5-35.

(e) The provider shall report to the verifying agency any of the following information not listed on the criminal history or changes to the criminal history for all persons required by this rule to provide a statewide criminal history:

1. (1) Police investigations.
2. (2) Arrests.
3. (3) Criminal convictions.

(f) The provider shall maintain a written policy requiring an individual providing a criminal history to report any criminal convictions to the provider.

(Division of Family Resources; 470 IAC 3-18-14; filed Oct 14, 2004, 2:50 p.m.: 28 IR 953; readopted filed Oct 24, 2007, 11:25 a.m.: 20071121-IR-470070448RFA; readopted filed Aug 23, 2013, 3:36 p.m.: 20130918-IR-470130306RFA; readopted filed Nov 13, 2019, 11:56 a.m.: 20191211-IR-470190490RFA)