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HomeMy WebLinkAbout00001123Hamilton Co., IN - Online Reports Page 1 of 1 Disclaimer: The information available through this program is current as of 4/2/2007. This program allows you to view and print certain public records. Each report reflects information as of a specific date; so the information different reports may not match. All information has been derived from public records that are constantly undergoing change and is not warranted for n accuracy. It may not reflect the current information pertaining to the property of interest. Parcel No: 16-14-05-01-05-005.000 L') d b e) l I ;z Property Address: 3529 Brian PI CARMEL, IN 46033 Deeded Owner: ORP Real Estate Holdings LLG Owner Address: P D Box 278 DOUSMAN , WI 53118 Legal Description: WOODLAND SPRINGS 110.0 7( 175.0 A 9125/85 351-613 FROM LINDWALL 5ection/TownshiplRange; 05JI7104 Subdivision Name: WOODLAND SPRINGS Black: 4 Deeded Acres: 0 Political Township: Clay Lot Numbers): 171 Most Recent Recorded Date: 711212006 (Recorded Date might be due to a variety of changes; such as annexation, right-of-way, split, or deed,) This application is developed and maintained by the Information System Services Department. If you have any questions or comments, please contact 4 O 2005 Hamilton Co. Website 5uaoestions or Issues i Conditions of._ble I Privacy Policy I Site Map I Technical Help I HOME O 2006, Hamilton County, Indiana - all rights reserved. L4'jLjC-t0r ra f ff(L/) X V1CIZ -S 6? 0 V[ C> /1'( Q 5 a ?x -5q-? 4 LTCEVP ?-69ALC- d -rr 2) N 5- http://www.co.ham 1 Iton-in- us/apps/reports/rptparcel Info. asp? sparcel no= 16140501050050 00... 6111`2007 Parcel Information Report 1. report type 2. property search 3. view re orts Reset new search general parcel info. spring tax statement tax payments property card fall tax statement 9111 `' _. {C?Tt0kk Print DatelTime: 0511012007 14:40 Login ID: Kvcn From CFS: 691 Layer: All Areas: Ail To CFS: 691 AgencyType: All CFS Type: All Call For Service Number: 691 Call DaterTime: 05!09,007 16:43 40 Location. 3615 BRIAN PL Carmel Carmel Additional Location Information: Common Name: Phone: Call Type: Suspicious Activity Status:ln Progress Police ORI: IN0290100 Person Information Nature Of Call: Report Required: No Priority: 2 EMS ORL Name Person Address Type amold, greg E911 Caller {UNKNO'Y1'N> Narrative, Questionnaire Response, TDD Text Create Time Created By Narrative 0509107 16:46:05 Wyler, Kay 0510910717:21:49 Lov' 05!05107 17:21:5 Lcvilt, Richard T 05'09!07 17:39.23 Lovitt, Richard T Dispositions Disposition Incident Report Associated Areas Area Type code Description Quad ra nt 43F Station 43 ?. vo f y t ??? Detail Call For Service Report Phone Race X317)843-1224 Dispatch Time: 05,109107 16:48:34 Arrive Time: 05!09!07 17:03:18 Clear Date/Time- 05!09!07 17:40:15 Created By: Wyler, Kay Canceled: Na Source: Te ephone Fire ORL 29003 Sex DOB Age SSN adult male disrobing!!subj trying to get contrl INFORMATION TO BE FORWARDED TO CITY CODE ENFORCEMENT: INFORMATION TO BE FORWARDED TO CITY CODE ENFORCEMENT: COMPLAINT FROM RESIDENCIAL NEIGHBORS TO 3529 BRIAN PL REPORTED A YOUNG MALE SUBJECT, MENTALLY HANDICAPPED WAS OUT WITH CARE GIVER (AMY COTTON) AND BEGAN TO DISROBE AND LAY DOWN IN MIDDLE OF ROADWAY, BRIAN PL- COMPLAINTANTS ALSO WANTED KNOWN THAT THE RESIDENCE IN NEW TO GROUP HOME CARE SERVICE, AND THAT SOME OF THE INDIVIDUALS BEING CARED FOR ARE YELLING AND SCREEMING AT A TIME WHEN CHILDREN ARE BOARDING BUSSES FOR SCHOOL. COMPLAINT OF APPROPRJATE ZONING FOR CARE GIVING SERVICE I DID SPEAK TO AMY COTTON WHO IS THE SUPERVISOR OF TWO OTHER INDIANA DEVELOPMENTAL TRAINING CENTER EMPLOYEES- SHE DID ADVISE THE CHILD WAS 15YOA AND WAS OUT FOR WALK AND BEGAN TO URINATE NOT ABLE TO WAIT UNTIL ARRIVAL BACK TO HOME. AFTER URINATING, HE THEN BEGAN TO SHED CLOTHES. MS COTTON WAS ABLE TO KEEP SUBJECT'S UNDERWEAR ON DURING INCIDENT. I DID OBTAIN INDIANA CHILD CARE LICENSE NUMBER AND BUSINESS INFORMATION PRIOR TO LEAVING THE HOME. BUSINESS CALLED: WOODLAND SPRINGS GROUP HOME - INDIANA DEVELOPMENTAL TRAINING CENTER 43736 LICENSE: 452331298-43736 P.O. BOX 278 DOUSMAN, 4VI 53118 LICENSE WAS APPROVED IN HAMILTON COUNTY 3-27-07 IDTC - TELEPHONE: 317-815-0505 - SUPERVISOR JEFF CASWELL COMPLAINTANTS: GREG ARNOLD 3615 BRIAN PL 848-1224 JIM HEEDE 3616 BRIAN PL 846- 1536 Disposition Count X11 :.. lose "pf1Cr4T1O Page: 1 of 3 May 24, 2007 as 0?- 6n ?S-? 1•?-elf ? -Z _JA?V" The Honorable Jim Blanchard City of Carmel One Civic Square Carmel, IN 46032 Dear Commissioner Blanchard, I am writing for information regarding a zoning situation that is of concem to me, and many of my neighbors here in the Woodland Springs sub division. We are fairly certain that a for profit commercial business is being operated out of a recently sold property, specifically 3529 Brian Place. The deed in&rmation with Hamilton County indicates ownership as ORP Real Estate Holdings, LLC, of Dousman, Wisconsin. Through some inquires by others on our block, I believe that this was done with city approval, or otherwise sanctioned by the City of Carmel, However, we also have found that this would be in violation of both city occupancy ordinance, and Woodland Springs, Inc., association occupancy regulations. Can you please provide information on a.) how this approval came about, b.) when public notice was givens regarding the usage variance granted this holding company, and c.) when was the ordinance waiver granted? This request is not just to please our interests; we have concerns regarding high morning and afternoon automobile traffic, the large number of vehicles parked at this location at any one time, and the adverse affects this may have on our property values. Lob-/ ?? ` ?'V ? t? 1 L-? 0 1 5 clod Thank you for your prompt attention to this matter, I look forward to your response to these concerns at your earliest convenience. Sincerely, James M. DiBlasio 3813 Dona Court Carmel, IN 46033 (317)843-0388 Cc: James Brainard, Mayor City of Carmel Fred Glaser, City Council District 5 Page 1 of 3 Brennan, Kevin S From: John Molitor Umolitor@prodigy.net] Sent: Tuesday, June 05, 2007 3:40 PM To: Keeling, Adrienne M Cc: Hollibaugh, Mike P; Brennan, Kevin S Subject: RE: Group home Adrienne - The pertinent provisions of our ordinance are found in the following definitions: DWELLING, MULTIPLE-FAMILY. A residential Building containing three (3) or more Dwelling Units and occupied by three (3) or more families. Except as otherwise provided by state statute, a Group Home shall not be considered a Multiple-Family Dwelling and treated as such under this Ordinance. DWELLING, SINGLE-FAMILY. A residential Building containing only one (1) Dwelling Unit and not occupied by more than one (1) Family. Pursuant to IC 12-28-4-7, a Group Home for the mentally ill shall be treated as if it were a Single-family Dwelling, unless the Group Home will be located within three thousand (3,000) feet of another Group Home for the mentally ill, as measured between lot lines. Pursuant to IC 12- 284-8, a Group Home for not more than ten (10) developmentally disabled individuals which is established under a program authorized by IC 12-1 1-1.1-11(e)(1) or IC 12-11-1.1-I(e)(2) shall be treated as if it were a Single-family Dwelling. FAMILY. One or more persons living as a single housekeeping unit, as distinguished from a group occupying a hotel, club, nursing home, fraternity or sorority house, or Group Home. HOME, GROUP. Any of the following: 1. a residential. Structure (licensed under IC 12-17.4) in which care is provided on a twenty-four (24) hour basis for not more than ten (10) children; or 2. a facility (licensed under IC 12-28-4) that provides residential services for developmentally disabled individuals in a program described in IC 12-11-1.1-1(e)(1) or IC 12-11-1.1-1(e)(2); or 3. a facility (licensed under IC 12-28-4) that provides residential services for mentally ill individuals in a program described in IC 12-22-2-3. We need to find out, either directly from the owner or from the State, whether the home at 3529 Brian Place is licensed under either IC 12-17.4 or IC 12-28-4. If it is, our hands are probably tied because of the state statutes (not Federal) that preempt any local review or regulation of these facilities. Mr. Gibson states in his e-mail that this operation was condoned and approved by the City Council without knowledge of the Woodland Springs neighborhood. He has the wrong end of the stick. When the Council passed the above definitions (in the year 2000), it intended to pass the strictest ordinance that a city could pass to restrict these types of operations. If he is looking for a villain in this picture, it is the state legislature, which has preempted local regulation on this topic now for almost 20 years. By the way, there is a bad error in the text of the definition of Multiple-Family Dwelling, and I don't know how h could have occurred. (My original draft of the ordinance from February 2000 is correct!) The word "not" does not belong in the definition - the phrase should read, "a Group Home shall be considered a Multiple-Family Dwelling and treated as such under this Ordinance." The point is this - we do not want them to be treated as Single-Family Dwellings unless state law forces that result. John -----Original Message----- From: Keeling, Adrienne M [mailto:AKeeling@carmel.in.gov] Sent: June 1, 2007 11:42 AM 6.%6!2007 Page 2 of 3 To: jmolitor@prodigy.net Cc: Hollibaugh, Mike P; Brennan, Kevin S Subject: FW: Group home John, See the email chain below regarding a potential group home, and let us know how you think we should proceed. Adrienne From: Brainard, James C Sent: Friday, June 01, 2007 9:53 AM To: Keeling, Adrienne M Subject: RE: Group home Adrienne, Check with John Molitor and see if they have a federal exemption from our zoning rules-I believe they will claim that andlet's have him evaluate what our options are. Jim -----Original Message----- From: Keeling, Adrienne M Sent: Thursday, May 31, 2007 5:31 PM To: Brainard, James C Subject: RE: Group home Mayor, I've searched our Plan Commission and BZA databases and find no action (approval or denials) on that address. If the City Council took action, it certainly wasn't a rezoning. I also asked around the office, and found that Kevin Brennan has also been researching this and speaking to neighbors this week. I've not read the finer points (lately) of the Code which preempts municipalities from enforcing zoning on group homes, but enforcement of private covenants might be an easier angle for the association to try. Adrienne From: Brainard, James C Sent: Thursday, May 31, 2007 5:06 PM To: Keeling, Adrienne M Subject: FW: Group home -----Original Message----- From: Richard Gibson [mailto:rkirkgib@sbcglobal.net] Sent: Saturday, May 26, 2007 4:05 PM To: Brainard, James C Subject: Group home 616!2007 Page 3 of 3 Dear Mayor Jim, It is with some concern that I write to inform you of a'group home' that recently was established in Woodland Springs in violation of the by laws of the Woodland Springs Association. Specifically this home is at 3529 Brian Place and caters to emotionally/mentally handicapped young adults, from what has been told to a few of the neighbors. It is a commercial operation. I cannot speak to this first hand, but I trust the reporters. Our bylaws state, in part, "No structure shall be erected... other than a single family dwelling." and further "No hotel, boarding house ...of any kind for commercial use shall be erected or maintained on any lot herein." Why do I bring this to your attention? Because we are also advised this operation was condoned and approved by the Carmel City Council without knowledge of or consultation with Woodland Springs officers or members. No hearings were held or opportunities given for remonstrators to speak. Needless to say there are concerns among the neighbors that this was allowed to happen. Left to our own actions we would probably take legal action to quash the operation. But if the Council is involved, then the matter gets more complicated. Speaking for myself, I would appreciate your looking into this and giving me your opinion and advice. Thank you. Richard K. Gibson 3817 Dona Ct. 46033 rkirkgib@s_bcglobal.net 6/612007 IC 31-27-5 Chapter 5. Regulation of Group Homes 1C 31-27-5-1 Group home operation; necessity forlicense; numberof children and location of home 31-27-5-1 Sec. 1. (a) A person may not operate a group home without a license issued under this article. (b) The state or a political subdivision ofthe state may not operate a group home without a license issued under this article. (c) A person may not operate a group home if: (1) the number of children maintained on the premises at any one (1) time is greater than the number authorized by the license; or (2) the children are maintained in a building or place not designated by the license. As added by P. L. 145-2006, SEC.273. IC 31-27-5-2 Conditions for issuance of license 31-27-5-2 Sec. 2. (a) A license may be issued only if the group home is in substantial compliance with food, health, safety, and sanitation standards as determined under rules adopted by the department under IC 31-27-2-4 or in accordance with a variance or waiver approved by the department under IC 31-27-2-8. (b) A license may be issued only if the group home is in compliance with the fire and life safety rules as determined by the state fire marshal under rules adopted by the department under IC 31-27-2-4 or in accordance with a variance or waiver approved by the department under IC 31-27-2-8. (c) The department may issue a waiver or variance regarding a determination by the state fire marshal or the department under subsections (a) and (b). As added by P. L. 145-2006, SEC. 273. IC 31-27-5-3 Group home plat or deed restrictions 31-27-5-3 Sec. 3. (a) This section applies to: (1) a restriction; (2) a reservation; (3) a condition; (4) an exception; or (5) a covenant; that is created after June 30, 1990, in a subdivision plat, deed, or other instrument of or pertaining to the transfer, sale, lease, or use of property. (b) This section applies to a group home that houses: (1) not more than ten (10) children; and (2) only children who are judicially determined to be either: (A) children in need of services under IC 31-34-1 (or IC 31-6-4-3 or IC 31-6A-3.1 before their repeal); or (B) children who have committed a delinquent act under IC 31-37-2-2, IC 31-37-2-3, or IC 31-37-2-5 (or IC 31-6-4-1(a)(2), IC 31-6-4-1(a)(3), or IC 31-6A-1(a)(5) before their repeal). (c) A restriction, a reservation, a condition, an exception, or a covenant in a subdivision plat, deed, or other instrument of or pertaining to the: (1) transfer; (2) sale; (3) lease; or (4) use; of property that would permit the residential use of property but prohibit the use of that property as a group home is, to the extent of the prohibition, void for public policy reasons. (d) The prohibition described in subsection (c) is void even if the prohibition is based on any of the following grounds: (I) The group home is a business. (2) The persons residing in the group home are not related. (3) Any other reason. As added by P.L. 145-2006, SEC. 273. IC 31-27-5-4 Applying for license 31-27-54 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: (t) That the applicant has not been convicted of: (A) a felony; or (B) a misdemeanor relating to the health and safety of children. (2) That the applicant has not 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) An applicant shall: (1) conduct a criminal history check of: (A) each individual who is an applicant; and (B) the director or manager of a facility where children will be placed; and (2) submit to the department the result of each criminal history check conducted under this subsection. (e) An applicant shall do the following: (1) Conduct a criminal history check of the applicant's: (A) employees; and (B) volunteers; who have or will have direct contact, on a regular and continuing basis, with children who are or will be under the direct supervision of the applicant. (2) Maintain records of each criminal history check. (f) An applicant is required to conduct a criminal history check required under subsection (e)(1) only one (1) time for each employee or volunteer. (g) 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 ofa criminal history background 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. As added by P. L. 145-2006, SEC.273. IC 31-27-5-5 Establishment of county group home; operation 31-27-5-5 Sec. 5. (a) A county may establish a child group home. The group home may be operated by: (1) the county; or (2) a public or private agency under contract with the county; and must be operated under the rules adopted by the director under this article. (b) This section does not affect the following: (1) IC 31-31-1-1 or IC 31110, requiring the county fiscal body to appropriate sufficient money to pay for services ordered by the juvenile court. (2) IC 31-31-8, authorizing the juvenile court to establish detention and shelter care facilities. (3) IC 12-13-5 and IC 12-19-1, requiring the department and the county office to provide care and treatment for delinquent children and children in need of services. As added by P.L.145-2006, SEC.273. IC 31-27-5-6 Grounds for denial of license applications 31-27-5-6 Sec. 6. (a) The following constitute sufficient grounds for a denial of a license application: (1) A determination by the department of child abuse or neglect by: (A) the applicant; (B) an employee of the applicant who has direct contact, on a regular and continuous basis, with children who are under the direct supervision of the applicant; or (C) a volunteer of the applicant who has direct contact, on a regular and continuous basis, with children who are under the direct supervision of the applicant. (2) A criminal conviction of the applicant, an employee of the applicant who has direct contact, on a regular and continuous basis, with children who are under the direct supervision of the applicant, or a volunteer of the applicant who has direct contact, on a regular and continuous basis, with children who are under the direct supervision of the applicant, of any of the following: (A) A felony. (B) A misdemeanor related to the health and safety of a child. (3) A determination by the department that the applicant made false statements in the applicant's application for licensure. (4) A determination by the department that the applicant made false statements in the records required by the department. (b) Notwithstanding subsection (a)(2), if: (1) a license application is denied due to a criminal conviction of an employee or a volunteer of the applicant; and (2) the department determines that the employee or volunteer has been dismissed by the applicant; the criminal conviction of the former employee or former volunteer does not require denial of a license application. As added by P. L. 145-2006, SEC.273. IC 31-27-5-7 Incomplete applications 31-27-5-7 Sec. 7. The department may not act on an incomplete application. The department shall return an incomplete application with a notation concerning omissions. The return of an incomplete application is without prejudice. As added by P. L. 145-2006, SEC.273. IC 31-27-5-8 Investigation of applicants 31-27-5-8 Sec. 8. The department shall investigate a person seeking licensure to determine whether the person is in compliance with this article and the rules adopted under this article. The investigation shall be conducted at a reasonable time and in a reasonable manner in announced or unannounced visits. Activities may include onsite inspections, record reading, observation, and interviewing. The department may require that evidence of compliance with the rules be presented in a form and manner specified in the rules. As added by P.L. 145-2006, SEC.273. IC 31-27-5-9 Issuance of license 31-27-5-9 Sec. 9. The department shall issue a license to a person who meets all of the license requirements when an investigation shows the applicant to be in compliance under this article. As added by P. L. 145-2006, SEC.273. IC 31-27-5-10 Eligibility of waivers and variances 31-27-5-10 Sec. 10. A group home may be eligible to receive a waiver or variance from the requirements of this chapter by complying with IC 31-27-2-8. As added by P.L. 145-2006, SEC. 273, IC 31-27-5-11 Waiver of maximum group home stay 31-27-5-11 Sec. 11. (a) The department may grant a waiver of the sixty (60) day maximum stay for a child if the group home licensed as a shelter care facility applies for the waiver before the expiration of the sixty (60) day period. (b) The group home shall document in the request for a waiver that the waiver is in the best interest of the child. As added by P.L.145-2006, SEC 273. IC 31-27-5-12 Denial of license 31-27-5-12 Sec. 12. (a) The department shall deny a license when an applicant fails to meet the requirements for a license. (b) The department shall send the applicant written notice by certified mail that the application has been denied and give the reasons for the denial. (c) An administrative hearing concerning the denial of a license shall be provided upon written request by the applicant. The request must be made not more than thirty (30) days after the applicant receives the written notice under subsection (b). (d) An administrative hearing shall be held not more than sixty (60) days after the department receives a written request under subsection (c). (e) An administrative hearing shall be held in accordance with IC 4-21.5-3. (f) The department shall issue a decision not more than sixty (60) days after the conclusion of a hearing under this section. As added by P.L. 145-2006, SEC.273. IC 31-27-5-13 Investigation of unlicensed premises 31-27-5-13 Sec. 13. The department shall investigate any premises that the department has reason to believe are being used for child care without a license in circumstances where a license is required. As added by P. L. 145-2006, SEC.273. IC 31-27-5-14 Duration of license; limitations; renewal; public display 31-27-5-14 Sec. 14. (a) A license for a group home expires four (4) years after the date of issuance, unless the license is revoked; modified to a probationary status, or voluntarily returned. (b) A license issued under this chapter: (1) is not transferable; (2) applies only to the licensee and the location stated in the application; and (3) remains the property of the department. (c) A current license shall be publicly displayed. (d) If a licensee submits a timely application for renewal, the current license remains in effect until the department issues a license or denies the application. As added by P.L.145-2006, SEC.273. Amended by P.L.146-2006, SEC.35. IC 31-27-5-15 Probationary status; duration; expiration; extension 31-27-5-15 Sec. 15. (a) The department may place a licensee on probationary status if the licensee is temporarily unable to comply with a rule and if: (1) the noncompliance does not present an immediate threat to the health and well-being of the children in the care of the licensee; (2) the licensee files a plan with the department, the state department of health, or the state fire marshal to correct the areas of noncompliance within the probationary period, and (3) the department, the state department of health, or the state fire marshal approves the plan. (b) A probationary status period is for not more than six (6) months. However, the department may extend a probationary status period for one (1) additional period of six (6) months. (c) At the expiration of a probationary status period, the department shall: (1) reactivate the license to the end of the original term of the license; (2) extend the probationary status period as permitted in subsection (b); or (3) revoke the license. As added by P. L. 145-2006, SEC.273. Amended by P. L. 146-2006, SEC.36. IC 31-27-5-16 Inspections 31-27-5-16 Sec. 16. The department and the state fire marshal shall do the following: (1) Make annual onsite inspections. (2) Keep written records of the monitoring activities and inspections. As added by P.L.145-2006, SEC.273. IC 31-27-5-17 Cooperation by licensees 31-27-5-17 Sec. 17. A licensee shall cooperate with the department and the state fire marshal in carrying out the activities required by section 16 of this chapter, including permitting the department and the state fire marshal to conduct announced or unannounced inspections. As added by P. L. 145-2006, SEC. 273. IC 31-27-5-18 Records 31-27-5-18 Sec. 18. (a) A licensee shall keep records required by the department regarding each child in the control and care of the licensee and shall report to the department, upon request, the facts the department requires with reference to children. (b) The department shall keep records regarding children and facts learned about children and the children's parents or relatives confidential. (c) The following have access to records regarding children and facts learned about children: (1) A state agency involved in the licensing of the group home. (2) A legally mandated child protection agency. (3) A law enforcement agency. (4) An agency having the legal responsibility to care for a child placed at the group home. (5) The parent, guardian, or custodian of the child at the group home. As added by P. L. 145-2006, SEC. 273. IC 31-27-5-19 Notice of enforcement actions; informal meetings 31-27-5-19 Sec. 19. Except as provided in section 29 of this chapter, the department shall give a licensee thirty (30) days written notice by certified mail of an enforcement action. The licensee shall also be provided with the opportunity for an informal meeting with the department. The licensee must request the meeting not more than ten (10) working days after receipt of the certified notice. As added by P. L. 145-2006, SEC. 273. IC 31-27-5-20 Administrative hearings 31-27-5-20 Sec. 20. (a) An administrative hearing concerning the decision of the department to impose a sanction under this chapter shall be provided upon a written request by the licensee. The request must be made not more than thirty (30) days after the licensee receives notice under section 19 of this chapter. The written request must be made separately from an informal meeting request made under section 19 of this chapter. (b) An administrative hearing shall be held not more than sixty (60) days after the department receives a written request under subsection (a). As added by P.L. 145-2006, SEC.273. IC 31-27-5-21 Procedure for administrative hearings 31-27-5-21 Sec. 21. A hearing requested under section 20 of this chapter shall be held under IC 4-21.5-3. As added by P.L. 145-2006, SEC.273. IC 31-27-5-22 Issuance of decisions 31-27-5-22 Sec. 22. The department shall issue a decision not more than sixty (60) days after the conclusion of a hearing under section 20 of the chapter. As added by P.L.145-2006. SEC.273. IC 31-27-5-23 Repealed (Repealed by P. L. 146-2006, SEC 60) IC 31-27-5-24 Repealed (Repealed by P. L. 146-2006, SEC. 60) IC 31-27-5-25 Repealed (Repealed by P. L. 146-2006. SEC. 60.) IC 31-27-5-26 Cessation of operation upon revocation of license 31-27-5-26 Sec. 26. A group home shall cease operation when the license of the group home is revoked. As added by P. L. 145-2006, SEC. 273. IC 31-27-5-27 Notice 31-27-5-27 Sec. 27. (a) After the license of a group home is revoked, the department shall notify in writing each person responsible for each child in care to ensure that the children are removed from the group home. (b) The written notice shall be sent to the last known address of the person responsible for the child in care and shall state that the license of the group home has been revoked. As added by P.L. 145-2006, SEC.273. Amended by P.L.146-2006, SEC.37. IC 31-27-5-28 Judicial review 31-27-5-28 Sec. 28. A final decision of the department made after a hearing is subject to judicial review under IC 4-21.5-5. As added by P.L.145-2006, SEC.273. IC 31-27-5-29 Investigation of noncompliance; injunctions; corrective action plans; removal of children; informal meetings 31-27-5-29 Sec. 29. (a) The department shall investigate a report of a licensed group home's noncompliance with this article and the rules adopted under this article if there is reasonable cause to believe that noncompliance with this article and 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 department shall report its findings to the attorney general and to the county office and the prosecuting attorney in the county where the group home is located. (b) The attorney general or the department may do the following: (1) Seek the issuance of a search warrant to assist in the investigation. (2) File an action for injunctive relief to stop the operation of a group home if there is reasonable cause to believe that the group home's noncompliance 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. (c) The department may require a plan of corrective action for emergency protection of children described in subsection (b). (d) The department may provide for the removal of children from a group home described in subsection (b). (e) An opportunity for an informal meeting with the department shall be available after injunctive relief is ordered under subsection (b)(2). As added by P.L. 145-2006, SEC.273. 1C 31-27-5-30 Expiration of injunctions for noncompliance 31-27-5-30 Sec. 30. A court order granted under section 29(b)(2) of this chapter expires upon the later of the following: (1) Sixty (60) days after the order is issued. (2) When a final departmental decision is issued under sections 20 through 22 of this chapter if notice of an enforcement action is issued under section 19 of this chapter. As added by P. L. 145-2006, SF.C.273. 1C 31-27-5-31 Grounds for revocation of license 31-27-5-31 Sec. 31. The following constitute sufficient grounds for revocation of a license: (1) A determination by the department of child abuse or neglect by: (A) the licensee; (B) an employee of the licensee who has direct contact, on a regular and continuous basis, with children who are under the direct supervision of the licensee; or (C) a volunteer of the licensee who has direct contact, on a regular and continuous basis, with children who are under the direct supervision of the licensee. (2) A criminal conviction of the licensee, an employee of the licensee who has direct contact, on a regular and continuous basis, with children who are under the direct supervision of the licensee, or a volunteer of the licensee who has direct contact, on a regular and continuous basis, with children who are under the direct supervision of the licensee, for any of the following: (A) A felony. (B) A misdemeanor related to the health or safety of a child. (3) A determination by the department that the licensee made false statements in the licensee's application for licensure. (4) A determination by the department that the licensee made false statements in the records required by the department. As added by P. L. 145-2006, SEC.273. IC 31-27-5-32 Compliance with rules; disciplinary sanctions; revocation of license 31-27-5-32 Sec. 32. (a) A licensee shall operate a group home in compliance withthe rules established under this article and is subject to the disciplinary sanctions under subsection (b) if the department finds that the licensee has violated this article or a rule adopted under this article. (b) After complying with the procedural provisions in sections 19 through 22 of this chapter, the department may revoke the license when the department finds that a licensee has committed a violation under subsection (a). As added by P.L. 145-2006, SEC.273. Amended by P.L.146-2006, SEC.38. 1C 31-27-5-33 Investigation of unlicensed group homes; injunctions; civil penalties 31-27-5-33 Sec. 33. (a) The department shall investigate a report of an unlicensed group home and report the department's findings to the attorney general and to the county office and the prosecuting attorney in the county where the group home is located. (b) The attorney general or the department may do the following: (1) Seek the issuance of a search warrant to assist in the investigation. (2) File an action for injunctive relief to stop the operation of a group home if there is reasonable cause to believe that the group home is operating without a license required under this article. (3) Seek in a civil action a civil penalty not to exceed one hundred dollars ($100) a day for each day a group home is operating without a license required under this article. (c) An opportunity for an informal meeting with the department shall be available after injunctive relief is ordered under subsection (b)(2). (d) The civil penalties collected under this section shall be deposited in the department of child services child care fund established by IC 31-25-1-16. As added by P.L. 145-2006, SEC.273. IC 31-27-5-34 Expiration of injunctions for unlicensed operation 31-27-5-34 Sec. 34. A court order granted under section 33(b)(2) of this chapter expires when the group home is issued a license. As added by P. L. 145-2006, SEC. 273. IC 31-27-5-35 Violations of chapter 31-27-5-35 Sec. 35. A person who knowingly or intentionally violates this chapter commits a Class B misdemeanor. As added by P. L. 145-2006, SEC. 273. P1'. Incident Report ''?esrual•r Print Daterrime: 0710612007 15:19 Login ID: D9957 incident: 2007-00026956 Incident DatelTime: 0613012007 5:09PM Location: 11311 LAKESHORE DR E Carmel IN 46033 Phone Number: Report Required: N Prior Hazards: N LE Case Number: Unit/Personnel Unit 4422 Person(s) Role Complainant E911 Caller Vehicles Role Dispositions Disposition Incident Report Property Personnel 2358 Wiegman Name Cook, Wade D cook. wade Type Year Count 1 Date Code Type Make Make Incident Type: Suspicious Activity Venue: Carmel Source: Telephone Priority: 3 Status: Not In Progress Nature of Call: FR Incident Completed Address 11311 LAKESHORE DR E Carmel IN 46033 <UNKNOWN> Model Color Description Tag No. Phone (317)816-0742 (317)816-0742 License State Item No. CAD Narrative 06%30,%2007 17:04:56 Jokantas, John Narrative: subject has a group home behind his house, one of the subjects from the group home walked into his house. subject has since found his way home, 10-17 wants to speak to an officer Incident Narrative - C Wiegman On June 30th 2007 at approximately 5:09pm I was dispatched to 11311 Lakeshore drive East to speak with a complainant in reference to a group home that is next door to his residence. Upon arrival I came into contact with the complainant, Wade D. Cook DOB 01/24,11961. Mr. Cook stated that approximately 4:45pm to 5:00pm he was in his driveway and his wife had just gotten home. He stated that he was talking with his wife and he turned around and a black male approximately 16 to 17 years old was walking into his garage. He stated that he said something to the black male and he stopped. Mr. Cook stated that at that time he realized that it was one of the mentally challenged kids that lives in the group home located next door at 3529 Bryan Place. Mr. Cook stated that he then walked the kid back to the group home and rang the door bell. He stated that a black female by the name of Katrice answered the door. According to Mr. Cook, Katrice is an employee of the group home and stated to Mr. Cook that the mentally Incident Report challenged male got out of the yard. Mr. Cook was concerned due to Ms. Kilbert not being very concerned that the male had left and also Ms. Kilbert or other employees not looking for him. Mr. Cook stated that since the group home moved in April he has had many problems with it. He stated that approximately six weeks ago his wife was in their backyard that backs up to the group homes back yard. He stated that his wife heard a lot of yelling like there was a fight so she looked over the fence from their deck. According to Mr. Cook she saw two of the mentally challenged kids that live their fighting in the back yard and nobody stopping them. One of the kids saw her looking at them and then stopped. Mrs. Cook then heard one of the employees yell at one of the kids to pull his pants up. At that time Mrs. Cook looked back and one of the kids was up against the fence with his pants down. Mr. Cook was very disturbed over this incident due to him having a nine year old daughter. After I spoke to Mr. Cook I went to the address of 3529 Bryan Place and came into contact with Katrice L. Kilbert DOB 10%18/1980. Ms. Kilbert was the on-duty supervisor at the time. I explained to Ms. Kilbert why I was over there and asked to speak with her supervisor. She stated that her supervisor's name was Jeff and she would not give me his phone number. I asked her why she wouldn't give me his phone number and she stated she didn't think it was right to give his phone number out to people. I then asked her who ran the group home. She stated that it was run by the Indiana Developmental Training Center. I asked dispatch to find an address and phone number of that and I called them later to get the name of the managers. I asked for other phone number from Ms. Kilbert and she went inside the group home to get them. While she was inside one of the mentally challenged kids living there opened the door and stood at the door with it open for approximately 10 seconds. The alarm on the door was going off and no other staff came to check to see why the alarm was going off. Finally approximately another 10 seconds later another employee came to the door and grabbed the mentally challenged male who had opened the door. According to Ms. Kilbert there are 7 teenage boys who live there with severe autism and severe mental retardation. My concern is that there is a large lake approximately 200-300 yards from the group home and the employees are not watching the residents to where they could walk away without them knowing.