HB 1357

           Second Regular Session of the 124th General Assembly (2026)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
  Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2025 Regular Session of the General Assembly.
    HOUSE ENROLLED ACT No. 1357
   AN ACT to amend the Indiana Code concerning family law and
juvenile law.
    Be it enacted by the General Assembly of the State of Indiana:
   SECTION 1. IC 31-26-3.5-5.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 5.5. (a) An employee of a
preventative provider that operates a child welfare program shall
undergo a background check to which the employee is required by
federal law to submit for purposes of the employee's provision of
child welfare services:
     (1) not later than four (4) years after the individual's date of
     hire; and
     (2) one (1) time every four (4) years thereafter.
   (b) If an employee described in subsection (a) has completed the
federally required background check to provide child welfare
services, the employee is not required to complete a separate
background check for providing additional child welfare services
for the same employer.
   SECTION 2. IC 31-26-5-7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 7. (a) An employee of a provider of home based
family preservation services shall undergo a background check to
which the employee is required by federal law to submit for
purposes of the employee's provision of child welfare services:
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                                   2
      (1) not later than four (4) years after the individual's date of
      hire; and
      (2) one (1) time every four (4) years thereafter.
    (b) If an employee described in subsection (a) has completed the
federally required background check to provide child welfare
services, the employee is not required to complete a separate
background check for providing additional child welfare services
for the same employer.
    SECTION 3. IC 31-27-3-3, AS AMENDED BY P.L.81-2025,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) An applicant must apply for a child caring
institution license on forms provided by the department.
    (b) An applicant must submit the required information as part of the
application.
    (c) The applicant must submit with the application a statement
attesting the following:
      (1) Whether the applicant has been convicted of:
          (A) a felony; or
          (B) a misdemeanor relating to the health and safety of
          children.
      (2) Whether the applicant has been charged with:
          (A) a felony; or
          (B) a misdemeanor relating to the health and safety of
          children;
      during the pendency of the application.
    (d) The department, on behalf of an applicant, or, at the discretion
of the department, an applicant, shall conduct a criminal history check
of the following:
      (1) Each individual who is an applicant.
      (2) The director or manager of a facility where children will be
      placed.
      (3) Each employee or volunteer of the applicant.
      (4) Each contractor or individual working in the child caring
      institution who is likely to have unsupervised contact with
      children in the child caring institution.
    (e) If the applicant conducts a criminal history check under
subsection (d), the applicant shall:
      (1) maintain records of the information it receives concerning
      each individual who is the subject of a criminal history check; and
      (2) submit to the department a copy of the information it receives
      concerning each person described in subsection (d)(1) through
      (d)(4).
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                                    3
    (f) If the department conducts a criminal history check on behalf of
an applicant under subsection (d), the department shall:
       (1) determine whether the subject of a national fingerprint based
       criminal history check has a record of:
           (A) a conviction for a felony;
           (B) a conviction for a misdemeanor relating to the health and
           safety of a child; or
           (C) a juvenile adjudication for a nonwaivable offense, as
           defined in IC 31-9-2-84.8 that, if committed by an adult,
           would be a felony;
       (2) notify the applicant of the determination under subdivision (1)
       without identifying a specific offense or other identifying
       information concerning a conviction or juvenile adjudication
       contained in the national criminal history record information;
       (3) submit to the applicant a copy of any state limited criminal
       history report that the department receives on behalf of any person
       described in subsection (d); and
       (4) maintain a record of every report and all information the
       department receives concerning a person described in subsection
       (d).
    (g) Except as provided in subsection (h) and section 3.5 of this
chapter, a criminal history check described in subsection (d) is
required only at the time an application for a new license or the renewal
of an existing license is submitted.
    (h) Except as provided in subsection (i), a criminal history check of
each person described in subsection (d)(2), (d)(3), or (d)(4) must be
completed on or before the date the person:
       (1) is employed;
       (2) is assigned as a volunteer; or
       (3) enters into, or the person's employing entity enters into, a
       contract with the applicant.
    (i) An individual may be employed by a child caring institution as
an employee, volunteer, or contractor before a criminal history check
of the individual is completed as required under subsection (h) if all of
the following conditions are satisfied:
       (1) The following checks have been completed regarding the
       individual:
           (A) A fingerprint based check of national crime information
           data bases under IC 31-9-2-22.5(1).
           (B) A national sex offender registry check under
           IC 31-9-2-22.5(3).
           (C) An in-state local criminal records check under
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                                    4
           IC 31-9-2-22.5(4).
           (D) An in-state child protection index check under
           IC 31-33-26.
       (2) If the individual has resided outside Indiana at any time during
       the five (5) years preceding the individual's date of hiring by the
       child caring institution, the following checks have been requested
       regarding the individual:
           (A) An out-of-state child abuse registry check under
           IC 31-9-2-22.5(2).
           (B) An out-of-state local criminal records check under
           IC 31-9-2-22.5(4).
       (3) The individual's employment before the completion of the
       criminal history check required under subsection (h) is limited to
       training during which the individual:
           (A) does not have contact with children who are under the care
           and control of the child caring institution; and
           (B) does not have access to records containing information
           regarding children who are under the care and control of the
           child caring institution.
       (4) The individual completes an attestation, under penalty of
       perjury, disclosing:
           (A) any abuse or neglect complaints made against the
           individual with the child welfare agency of a state other than
           Indiana in which the individual resided within the five (5)
           years preceding the date of the attestation; and
           (B) any contact the individual had with a law enforcement
           agency in connection with the individual's suspected or alleged
           commission of a crime in a state other than Indiana in which
           the individual resided within the five (5) years preceding the
           date of the attestation.
    (j) The applicant or facility is responsible for any fees associated
with a criminal history check.
    (k) The department shall, at the applicant's request, inform the
applicant whether the department has or does not have a record of the
person who is the subject of a criminal history check and if the
department has identified the person as an alleged perpetrator of abuse
or neglect. The department may not provide to the applicant any details
or personally identifying information contained in any child protective
services investigation report.
    (l) A person who is the subject of a criminal history check
conducted in accordance with this section may request the state police
department to provide the person with a copy of any state or national
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                                    5
criminal history report concerning the person.
    SECTION 4. IC 31-27-3-3.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 3.5. (a) An employee of a child caring institution shall
undergo a background check to which the employee is required by
federal law to submit for purposes of the employee's provision of
child welfare services:
      (1) not later than four (4) years after the individual's date of
      hire; and
      (2) one (1) time every four (4) years thereafter.
    (b) If an employee described in subsection (a) has completed the
federally required background check to provide child welfare
services, the employee is not required to complete a separate
background check for providing additional child welfare services
for the same employer.
    SECTION 5. IC 31-27-5-4, AS AMENDED BY P.L.81-2025,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. (a) An applicant must apply for a group home
license on forms provided by the department.
    (b) An applicant must submit the required information as part of the
application.
    (c) An applicant must submit with the application a statement
attesting the following:
      (1) Whether the applicant has been convicted of:
          (A) a felony; or
          (B) a misdemeanor relating to the health and safety of
          children.
      (2) Whether the applicant has been charged with:
          (A) a felony; or
          (B) a misdemeanor relating to the health and safety of
          children;
      during the pendency of the application.
    (d) The department on behalf of an applicant, or, at the discretion of
the department, an applicant, shall conduct a criminal history check of
the following:
      (1) Each individual who is an applicant.
      (2) The director or manager of a facility where children will be
      placed.
      (3) Each employee or volunteer of the applicant.
      (4) Each contractor or individual working in the group home who
      is likely to have unsupervised contact with children in the group
      home.
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                                    6
    (e) If the applicant conducts a criminal history check under
subsection (d), the applicant shall:
       (1) maintain records of the information it receives concerning
       each individual who is the subject of a criminal history check; and
       (2) submit to the department a copy of the information the
       applicant receives concerning each person described in subsection
       (d)(1) through (d)(4).
    (f) If the department conducts a criminal history check on behalf of
an applicant under subsection (d), the department shall:
       (1) determine whether the subject of a national fingerprint based
       criminal history check has a record of a:
           (A) conviction for a felony;
           (B) conviction for a misdemeanor relating to the health and
           safety of a child; or
           (C) juvenile adjudication for a nonwaivable offense, as defined
           in IC 31-9-2-84.8 that, if committed by an adult, would be a
           felony;
       (2) notify the applicant of the determination under subdivision (1)
       without identifying a specific offense or other identifying
       information concerning a conviction or juvenile adjudication
       contained in the national criminal history record information;
       (3) submit to the applicant a copy of any state limited criminal
       history report that the department receives on behalf of any person
       described in subsection (d); and
       (4) maintain a record of every report and all information it
       receives concerning a person described in subsection (d).
    (g) Except as provided in subsection (h) and section 4.5 of this
chapter, a criminal history check described in subsection (d) is
required only at the time an application for a new license or the renewal
of an existing license is submitted.
    (h) Except as provided in subsection (i), a criminal history check of
each person described in subsection (d)(2), (d)(3), or (d)(4) must be
completed on or before the date the person:
       (1) is employed;
       (2) is assigned as a volunteer; or
       (3) enters into, or the person's employing entity enters into, a
       contract with the applicant.
    (i) An individual may be employed by a group home as an
employee, volunteer, or contractor before a criminal history check of
the individual is completed as required under subsection (h) if all of the
following conditions are satisfied:
       (1) The following checks have been completed regarding the
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                                    7
      individual:
          (A) A fingerprint based check of national crime information
          data bases under IC 31-9-2-22.5(1).
          (B) A national sex offender registry check under
          IC 31-9-2-22.5(3).
          (C) An in-state local criminal records check under
          IC 31-9-2-22.5(4).
          (D) An in-state child protection index check under
          IC 31-33-26.
      (2) If the individual has resided outside Indiana at any time during
      the five (5) years preceding the individual's date of hiring by the
      group home, the following checks have been requested regarding
      the individual:
          (A) An out-of-state child abuse registry check under
          IC 31-9-2-22.5(2).
          (B) An out-of-state local criminal records check under
          IC 31-9-2-22.5(4).
      (3) The individual's employment before the completion of the
      criminal history check required under subsection (h) is limited to
      training during which the individual:
          (A) does not have contact with children who are under the care
          and control of the group home; and
          (B) does not have access to records containing information
          regarding children who are under the care and control of the
          group home.
      (4) The individual completes an attestation, under penalty of
      perjury, disclosing:
          (A) any abuse or neglect complaints made against the
          individual with the child welfare agency of a state other than
          Indiana in which the individual resided within the five (5)
          years preceding the date of the attestation; and
          (B) any contact the individual had with a law enforcement
          agency in connection with the individual's suspected or alleged
          commission of a crime in a state other than Indiana in which
          the individual resided within the five (5) years preceding the
          date of the attestation.
   (j) The applicant is responsible for any fees associated with a
criminal history check.
   (k) The department shall, at the applicant's request, inform the
applicant as to whether the department has or does not have a record of
the person who is the subject of a criminal history check and whether
the department has identified the person as an alleged perpetrator of
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                                    8
abuse or neglect. The department may not provide to the applicant any
details or personally identifying information contained in any child
protective services investigation report.
    (l) A person who is the subject of a criminal history check
conducted in accordance with this section may request the state police
department to provide the person with a copy of any state or national
criminal history report concerning the person.
    SECTION 6. IC 31-27-5-4.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 4.5. (a) An employee of a group home shall undergo
a background check to which the employee is required by federal
law to submit for purposes of the employee's provision of child
welfare services:
       (1) not later than four (4) years after the individual's date of
       hire; and
       (2) one (1) time every four (4) years thereafter.
    (b) If an employee described in subsection (a) has completed the
federally required background check to provide child welfare
services, the employee is not required to complete a separate
background check for providing additional child welfare services
for the same employer.
    SECTION 7. IC 31-27-6-2, AS AMENDED BY P.L.173-2022,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) An applicant must apply for a child placing
agency license on forms provided by the department.
    (b) An applicant must submit the required information as part of the
application.
    (c) The applicant must submit with the application a statement
attesting the following:
       (1) Whether the applicant has been convicted of:
          (A) a felony; or
          (B) a misdemeanor relating to the health and safety of
          children.
       (2) Whether the applicant has been charged with:
          (A) a felony; or
          (B) a misdemeanor relating to the health and safety of
          children;
       during the pendency of the application.
    (d) The department on behalf of an applicant, or, at the discretion of
the department, an applicant, shall conduct a criminal history check of
the following:
       (1) Each individual who is an applicant.
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                                   9
      (2) The director or manager of a facility where children will be
      placed.
      (3) Each employee, volunteer, or contractor of the applicant.
   (e) If the applicant conducts a criminal history check under
subsection (d), the applicant shall:
      (1) maintain records of the information it receives concerning
      each individual who is the subject of a criminal history check; and
      (2) submit to the department a copy of the information it receives
      concerning each person described in subsection (d)(1) through
      (d)(3).
   (f) If the department conducts a criminal history check on behalf of
an applicant under subsection (d), the department shall:
      (1) determine whether the subject of a national fingerprint based
      criminal history check has a record of a:
          (A) conviction for a felony;
          (B) conviction for a misdemeanor relating to the health and
          safety of a child; or
          (C) juvenile adjudication for a nonwaivable offense, as defined
          in IC 31-9-2-84.8 that, if committed by an adult, would be a
          felony;
      (2) notify the applicant of the determination under subdivision (1)
      without identifying a specific offense or other identifying
      information concerning a conviction or juvenile adjudication
      contained in the national criminal history record information;
      (3) submit to the applicant a copy of any state limited criminal
      history report that the department receives on behalf of any person
      described in subsection (d); and
      (4) maintain a record of every report and all information the
      department receives concerning a person described in subsection
      (d).
   (g) Except as provided in subsection (h) and section 2.5 of this
chapter, a criminal history check described in subsection (d) is
required only at the time an application for a new license or the renewal
of an existing license is submitted.
   (h) Except as provided in subsection (i), a criminal history check of
each person described in subsection (d)(2) or (d)(3) must be completed
on or before the date the person:
      (1) is employed;
      (2) is assigned as a volunteer; or
      (3) enters into, or the person's employing entity enters into, a
      contract with the applicant.
   (i) An individual may be employed by a child placing agency as an
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                                   10
employee, volunteer, or contractor before a criminal history check of
the individual is completed as required under subsection (h) if all of the
following conditions are satisfied:
       (1) The following checks have been completed regarding the
       individual:
           (A) A fingerprint based check of national crime information
           data bases under IC 31-9-2-22.5(1).
           (B) A national sex offender registry check under
           IC 31-9-2-22.5(3).
           (C) An in-state local criminal records check under
           IC 31-9-2-22.5(4).
           (D) An in-state child protection index check under
           IC 31-33-26.
       (2) If the individual has resided outside Indiana at any time during
       the five (5) years preceding the individual's date of hiring by the
       child placing agency, the following checks have been requested
       regarding the individual:
           (A) An out-of-state child abuse registry check under
           IC 31-9-2-22.5(2).
           (B) An out-of-state local criminal records check under
           IC 31-9-2-22.5(4).
       (3) The individual's employment before the completion of the
       criminal history check required under subsection (h) is limited to
       training during which the individual:
           (A) does not have contact with children who are under the care
           and control of the child placing agency; and
           (B) does not have access to records containing information
           regarding children who are under the care and control of the
           child placing agency.
       (4) The individual completes an attestation, under penalty of
       perjury, disclosing:
           (A) any abuse or neglect complaints made against the
           individual with the child welfare agency of a state other than
           Indiana in which the individual resided within the five (5)
           years preceding the date of the attestation; and
           (B) any contact the individual had with a law enforcement
           agency in connection with the individual's suspected or alleged
           commission of a crime in a state other than Indiana in which
           the individual resided within the five (5) years preceding the
           date of the attestation.
    (j) The applicant or facility is responsible for any fees associated
with a criminal history check.
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                                  11
    (k) The department shall, at the applicant's request, inform the
applicant whether the department has or does not have a record of the
person who is the subject of a criminal history check and if the
department has identified the person as an alleged perpetrator of abuse
or neglect. The department may not provide to the applicant any details
or personally identifying information contained in any child protective
investigation report.
    (l) A person who is the subject of a criminal history check
conducted in accordance with this section may request the state police
department to provide the person with a copy of any state or national
criminal history report concerning the person.
    SECTION 8. IC 31-27-6-2.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 2.5. (a) An employee of a child placing agency shall
undergo a background check to which the employee is required by
federal law to submit for purposes of the employee's provision of
child welfare services:
       (1) not later than four (4) years after the individual's date of
       hire; and
       (2) one (1) time every four (4) years thereafter.
    (b) If an employee described in subsection (a) has completed the
federally required background check to provide child welfare
services, the employee is not required to complete a separate
background check for providing additional child welfare services
for the same employer.
HEA 1357 — Concur
Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date:  Time:
HEA 1357 — Concur