Sec. 35. (a) A licensee must immediately contact the department if:

(1) a foster child less than sixteen (16) years of age, while living in a foster home, engages in or is the victim of sexual contact (as defined in IC 25-1-9-3.5);

(2) a foster child, while living in a foster home, is:

(A) charged with or adjudicated as having committed an act that would be a crime under IC 35-42-4 if committed by an adult;

(B) charged with or convicted of an offense under IC 35-42-4; or

(C) the victim of an offense under IC 35-42-4; or

(3) the licensee learns that a foster child has, before placement with the licensee, engaged in or been the victim of an act described in subdivision (1) or (2).

(b) The information provided to the department under subsection (a) must include:

(1) the name of the child;

(2) the date of the occurrence of the act if it can be determined;

(3) a description of the act;

(4) the name of the responding law enforcement agency if a law enforcement agency is contacted; and

(5) any other information the licensee determines is relevant.

(c) Notwithstanding any other law, the department shall provide information described in subsection (b)(1) through (b)(4), whether received from a licensee or another reliable source, to:

(1) a prospective licensee before the placement of the foster child with that licensee; and

(2) each licensee with whom the foster child has previously been placed.

(d) The notification requirements of subsection (c) apply to a foster child who has:

(1) engaged in sexual contact (as defined in IC 25-1-9-3.5) if the foster child is less than sixteen (16) years of age;

(2) been charged with or adjudicated as having committed an act that would be a crime under IC 35-42-4 if committed by an adult; or

(3) been charged with or convicted of an offense under IC 35-42-4.

As added by P.L.145-2006, SEC.273.