Child Care Background Checks

House Bill 1264 (HB1264) requires any person who might work or volunteer at a child care facility to first pass a national criminal background check. It also stipulates that if a person is applying for a license to operate a child care home, then they, their spouse and household members who are 18 years old (or younger if they have been waived from juvenile to adult court) must pass a background check.

HB1264 also notes that the results of a background screening could lead to the issuance, denial, suspension and revocation of licenses that are required to work in the child care industry. It lists various convictions that would make a person ineligible to run or work at a child care facility.

The Fair Chance Hiring Process

Governor Eric J. Holcomb signed a bill that requires the removal of questions about convictions and criminal history from all job applications within the Executive Branch. There is an exception for positions in which an applicant is automatically disqualified for having certain criminal convictions.

The bill also states that background checks will still be run on job seekers – but that will occur later in the hiring process.

The Fair Chance Hiring Process went into effect on July 1, 2017.

Effective July 1, 2017

Political Subdivisions May Not Pass Ban The Box Laws

As of July 1, 2017 no county or local government office in Indiana is allowed to pass their own Ban The Box laws. Instead, employers will be expected to follow federal and state laws that cover the hiring and screening process. Indiana Senate Bill 312 prohibits "political subdivisions" from creating laws that say employers may not:
  • Obtain or use criminal history data during the hiring process to the extent that is allowed by federal or state law.
  • Ask about an applicant's criminal history or require the disclosure of criminal records prior to hiring an individual.
The new bill also explains that criminal histories for current or former employees may not be used as evidence against an employer (including their agents and employees) in a civil action based on the conduct of the employee or former employee if:
  • The criminal history does not bear a direct relationship to the facts underlying the civil action.
  • The records were sealed or expunged before the civil action occurred.
  • The conviction was reversed or vacated or the individual was pardoned prior to the civil action.
  • The person was not convicted.
Backgrounds Online provides details about State Laws for informational purposes only. We do not provide legal services. Nothing on these pages or our site should be considered as legal advice or opinion.