"The Law"

The Attorney General or the County Attorney may seek the issuance of a search warrant to assist in the investigation, file an action for injunctive relief to stop the operation of a child care home if there is reasonable cause to believe that the child care home is operating without a license required under this article; or a licensee's non-compliance with this article and the rules adopted under this article creates an imminent danger of serious bodily injury to a child or an imminent danger to the health of a child.

The Attorney General and/or the County Attorney may seek in civil action a civil penalty not to exceed one hundred dollars ($100) a day for each day a child care home is operating without a license required under this article.

Pursuant to Indiana Code 12-17.2-5-4 (a)(5)(B), it constitutes sufficient grounds for a denial of a license application if the division determines that the applicant previously operated a child care home without a license.

Emergency removal from child care. Allows the division of family and children to provide for the emergency removal of children from a licensed or registered child care facility if the division finds evidence of conditions that present an imminent risk to the health or safety of children at the facility. Specifies that the division may not release a child who has been removed from a facility in an emergency situation without: (1) informing the child's parent or guardian that the child's removal from the facility was required due to an immediate risk to the health or safety of children at the facility; and (2) obtaining written acknowledgment from the parent or guardian regarding receipt of the information. Requires the division to notify parents when the situation that required emergency removal of children from a facility is remedied. Allows the division to issue cease and desist orders and to remove children from facilities operating illegally as child care centers or child care homes. Requires the division to request assistance from law enforcement if physical obstruction is offered to prevent the removal of children. Requires the division to request that the attorney general seek an injunction to prevent the operation of an illegal child care center or child care home until that facility receives the appropriate license.