Indiana § 31-27-2-4 - Rules; establishment of standards

§ 31-27-2-4. Rules; establishment of standards

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 4. (a) The department shall adopt rules under IC 4-22-2 concerning the licensing and inspection of:

(1) child caring institutions, foster family homes, group homes, and child placing agencies after consultation with the Indiana department of health; and

(2) child caring institutions and group homes that are licensed for infants and toddlers after consultation with the division of family resources.

(b) The rules adopted under subsection (a) shall be applied by the department in the licensing and inspection of applicants for a license and licensees under this article.

(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.

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

(1) Admission criteria.

(2) General physical and environmental conditions.

(3) Services and programs to be provided to confined children.

(4) Procedures for ongoing monitoring and discharge planning.

(5) Procedures for the care and control of confined persons that are necessary to ensure the health, safety, and treatment of confined children.

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

(1) meets the minimum standards required under subsection (c);

(2) provides a continuum of care and services; and

(3) is licensed under IC 31-27-3.

(f) A waiver of the rules may not be granted for treatment and reporting requirements.

(g) Rules that the fire prevention and building safety commission adopts under IC 22-13-2-2:

(1) establish the minimum building and fire safety requirements applicable to structures covered by this article; and

(2) take precedence over conflicting rules as provided for in IC 22-13-2-3.

(h) The department may not adopt rules regulating the same subject matter as rules adopted by the fire prevention and building safety commission.

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; P.L.93-2024, SEC.204; P.L.1-2025, SEC.223; P.L.28-2026, SEC.38.

IC 31-27-2-4Rules; establishment of standards Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 4. (a) The department shall adopt rules under IC 4-22-2 concerning the licensing and inspection of:

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

(A) Indiana department of health; and

(B) department of homeland security; and

(2) child caring institutions and group homes that are licensed for infants and toddlers after consultation with the division of family resources.

(b) The rules adopted under subsection (a) shall be applied by the department in the licensing and inspection of applicants for a license and licensees under this article.

(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.

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

(1) Admission criteria.

(2) General physical and environmental conditions.

(3) Services and programs to be provided to confined children.

(4) Procedures for ongoing monitoring and discharge planning.

(5) Procedures for the care and control of confined persons that are necessary to ensure the health, safety, and treatment of confined children.

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

(1) meets the minimum standards required under subsection (c);

(2) provides a continuum of care and services; and

(3) is licensed under IC 31-27-3.

(f) A waiver of the rules may not be granted for treatment and reporting requirements.

(g) Rules that the department of homeland security adopts under IC 22-13-2-2:

(1) establish the minimum building and fire safety requirements applicable to structures covered by this article; and

(2) take precedence over conflicting rules as provided for in IC 22-13-2-3.

(h) The department may not adopt rules regulating the same subject matter as rules adopted by the department of homeland security.

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; P.L.93-2024, SEC.204; P.L.1-2025, SEC.223; P.L.28-2026, SEC.38; P.L.152-2026, SEC.468.