Grounds for revocation of license; waiver

Sec. 31. (a) The following constitute sufficient grounds for revocation of a license: (1) A determination by the department of child abuse or neglect by: (A) the licensee; or (B) an employee, volunteer, or contractor of the licensee. (2) A criminal conviction of the licensee, or the director or manager of a facility where children will be placed by the licensee, for any of the following: (A) A felony. (B) A misdemeanor related to the health or safety of a child. (C) A misdemeanor for operating a child caring institution, foster family home, group home, or child placing agency without a license under this article (or IC 12-17.4 before its repeal). (D) A misdemeanor for operating a child care center or child care home without a license under IC 12-17.2. (3) A determination by the department that the licensee made false statements in the licensee's application for licensure. (4) A determination by the department that the licensee made false statements in the records required by the department. (5) A determination by the department that: (A) the licensee; or (B) an employee, volunteer, or contractor of the licensee; previously operated a home or facility without a license required under any applicable provision of this article (or IC 12-17.4 before its repeal) or IC 12-17.2. (6) A juvenile adjudication of the licensee for a nonwaivable offense, as defined in IC 31-9-2.1-168 that, if committed by an adult, would be a felony. (7) A determination by the department that the operator of a group home has failed to comply with an order of the department of homeland security. (b) A license may also be revoked if an employee, volunteer, or contractor of the licensee has had any of the following: (1) A conviction of a nonwaivable offense, as defined in IC 31-9-2.1-168. (2) A conviction of any other felony or a misdemeanor relating to the health and safety of a child, unless the licensee is granted a waiver by the department with regard to the employee, volunteer, or contractor. (3) A juvenile adjudication for a nonwaivable offense, as defined in IC 31-9-2.1-168 that, if committed by an adult, would be a felony, unless the licensee is granted a waiver by the department with regard to the employee, volunteer, or contractor. (c) In determining whether to grant a waiver under subsection (b), the department shall consider the following factors: (1) The length of time that has passed since the disqualifying conviction. (2) The severity, nature, and circumstances of the offense. (3) Evidence of rehabilitation. (4) The duties and qualifications required for the proposed employment positions, volunteer assignment, or contract. (d) Notwithstanding subsection (a) or (b), if: (1) a license could be revoked due to a criminal conviction of, or a determination of child abuse or neglect by, an employee, volunteer, or contractor of the licensee; and (2) the department determines that the employee, volunteer, or contractor has been dismissed by the licensee within a reasonable time after the licensee became aware of the conviction; the criminal conviction of, or determination of child abuse or neglect by, the former employee, former volunteer, or former contractor does not constitute a sufficient basis for the revocation of a license. (e) The department may adopt rules to implement this section.