Sec. 12.5. (a) A provider that cares for children who are less than twelve (12) months of age shall:

(1) complete the training course provided or approved by the division under IC 12-17.2-2-1(10) concerning safe sleeping practices; and

(2) ensure that all caregivers of children who are less than twelve (12) months of age follow safe sleeping practices.

(b) If a provider violates subsection (a), the division may do the following with respect to each violation determined during an inspection of the facility where the provider operates a child care program:

(1) On the first inspection during which a violation is determined during a licensure period, issue a formal warning letter stating the division's intent to take administrative action and impose a civil penalty for any future violation.

(2) On the second inspection during which a violation is determined during a licensure period, impose a civil penalty of fifty dollars ($50) for each violation determined during the inspection.

(3) On the third inspection during which a violation is determined during a licensure period, impose a civil penalty of seventy-five dollars ($75) for each violation determined during the inspection.

(4) On the fourth inspection during which a violation is determined during a licensure period:

(A) decertify the provider for not more than six (6) months; and

(B) impose a civil penalty of one hundred dollars ($100) for each violation determined during the inspection.

(5) On the fifth inspection during which a violation is determined during a licensure period:

(A) decertify the provider for one (1) year; and

(B) impose a civil penalty of two hundred fifty dollars ($250) for each violation determined during the inspection.

(c) The division shall send to the provider written notice:

(1) of an action taken under subsection (b), specifying the reason for the action and amount of any monetary civil penalty; and

(2) that failure to pay any monetary civil penalty may result in decertification of the provider for not more than two (2) years.

(d) The division shall deposit all civil penalties collected under this section in the division of family resources child care fund established by IC 12-17.2-2-3.

(e) In addition to the actions described in subsection (b), the division may seek further disciplinary action provided for under this article, as determined by the director.

As added by P.L.53-2018, SEC.6.