Title 12, TITLE 12. HUMAN SERVICES

conduct Sec. 5. An entity may not maintain, operate, advertise, or conduct an alcoholism or a drug abuse treatment program in Indiana: (1) in violation of a statute, rule, or regulation; or (2) in a manner that creates a hazard to the mental or physical health of a participant or…

Sec. 1. Subject to the approval of the director, a superintendent may appoint security officers to exercise the powers given by this chapter. [Pre-1992 Revision Citations: 4-28-2-12 part; 12-1-2.1-6 part; 16-13-1.5-1 part.] As added by P.L.2-1992, SEC.18.

officers appointed Sec. 2. The director and the superintendent shall do the following with respect to security officers appointed under this chapter: (1) Prescribe duties. (2) Direct conduct. (3) Prescribe distinctive uniforms. (4) Designate emergency vehicles for the use of the …

[Pre-1992 Revision Citations: 4-28-2-13 part; 12-1-2.1-7 part; 16-13-1.5-2 part.] As added by P.L.2-1992, SEC.18. Repealed by P.L.24-1997, SEC.66.

[Pre-1992 Revision Citations: 4-28-2-13 part; 12-1-2.1-7 part; 16-13-1.5-2 part.] As added by P.L.2-1992, SEC.18. Repealed by P.L.24-1997, SEC.66.

[Pre-1992 Revision Citations: 4-28-9-13 part; 12-1-2.1-7 part; 16-13-1.5-2 part.] As added by P.L.2-1992, SEC.18. Repealed by P.L.24-1997, SEC.66.

Sec. 6. (a) The director or a superintendent may authorize one (1) or more officials of the division or the state institution to request the assistance of other state, county, city, or town law enforcement officers if necessary. (b) If a law enforcement officer is on the property…

charges and fees Sec. 7. (a) This section does not limit or restrict the powers of another governmental authority having jurisdiction over public streets, roads, alleys, or ways. (b) The director or a superintendent may regulate the traffic of vehicles and pedestrians and parking…

operating institution without having license Sec. 1. The director may, in accordance with the laws governing injunctions, maintain an action in the name of the state to enjoin a person from establishing, conducting, managing, or operating an institution for the treatment and care…

Sec. 2. In charging a defendant in a complaint for an injunction, it is sufficient to allege that the person did upon a certain day and in a certain county establish, conduct, manage, or operate the institution without having a license to do so. The director need not aver any fur…

Sec. 1. A service provider may use seclusion or restraint of a patient only in the following cases: (1) When necessary to prevent danger of abuse or injury to the patient or others. (2) As a measure of therapeutic treatment. [Pre-1992 Revision Citation: 16-14-1.6-6 part.] As adde…

restraint Sec. 2. A service provider shall record all instances of restraint or seclusion and detailed reasons for the restraint or seclusion in the patient's habilitation or treatment record. [Pre-1992 Revision Citation: 16-14-1.6-6 part.] As added by P.L.2-1992, SEC.21.

Sec. 3. A service provider shall do the following: (1) Frequently observe a patient who is restrained or secluded. (2) Enter written notification of the observation in the patient's treatment or habilitation record. [Pre-1992 Revision Citation: 16-14-1.6-6 part.] As added by P.L.…

Sec. 1. This chapter applies to residential facilities for individuals with a developmental disability. [1992 Revision Citation: New.] As added by P.L.2-1992, SEC.22. Amended by P.L.99-2007, SEC.137; P.L.168-2018, SEC.34.

residential facilities for persons with a developmental disability or mental illness Sec. 10. (a) This section applies to each restriction, reservation, condition, exception, or covenant that is created on or after April 1, 1988, in any subdivision plat, deed, or other instrument…

[Pre-1992 Revision Citation: 4-28-21-12(a).] As added by P.L.2-1992, SEC.22. Amended by P.L.4-1993, SEC.211; P.L.5-1993, SEC.224. Repealed by P.L.6-1995, SEC.39.

with low ratios of resident facility beds; recruiting private operators Sec. 12. (a) Subject to the availability of money and consistent with needs assessment, the division of disability and rehabilitative services shall give priority to the establishment of residential facilitie…

Sec. 13. (a) The division of disability and rehabilitative services may operate a program known as the development and lease effort. Under the program, the division of disability and rehabilitative services may develop contracts under which the state agrees to lease buildings fro…

Sec. 14. The community residential facilities council may adopt rules under IC 4-22-2 to implement this chapter. [Pre-1992 Revision Citation: 4-28-21-13.] As added by P.L.2-1992, SEC.22.

Sec. 2. As used in this chapter, "planning authority" means the agency of county, city, or town government that performs the planning function under IC 36-7 for the land on which a residential facility may be placed. [Pre-1992 Revision Citation: 4-28-21-1 part.] As added by P.L.2…

recipients; Medicaid; federal financial participation Sec. 3. Residential facilities for individuals with a developmental disability must have sufficient qualified training and habilitation support staff so that the residential facility, regardless of organization or design, has …

participation under Medicaid program Sec. 4. For residential facilities for individuals with a developmental disability that are certified for financial participation under the Medicaid program, the division of disability and rehabilitative services shall recommend staffing limit…

participation under Medicaid program Sec. 5. For residential facilities for individuals with a developmental disability that are not certified for financial participation under the Medicaid program, the division of disability and rehabilitative services shall approve appropriate …

Sec. 6. The office of Medicaid policy and planning and the division of disability and rehabilitative services shall enter into a memorandum of agreement that defines the staffing limitations to be used by the office of Medicaid policy and planning in establishing reimbursement ra…

mental illness Sec. 7. (a) A zoning ordinance (as defined in IC 36-7-1-22) may not exclude a residential facility for individuals with a mental illness from a residential area solely because the residential facility is a business or because the individuals residing in the residen…

developmental disability Sec. 8. (a) A residential facility for individuals with a developmental disability: (1) for not more than eight (8) individuals with a developmental disability; and (2) established under a program authorized by IC 12-11-1.1-1(e)(1) or IC 12-11-1.1-1(e)(2)…

facilities for persons with a developmental disability or mental illness Sec. 9. (a) This section applies to each restriction, reservation, condition, exception, or covenant that is created before April 1, 1988, in any subdivision plat, deed, or other instrument of, or pertaining…

Sec. 1. As used in this chapter, "restricted rules" means the rules that the United States Secretary of Health and Human Services is restricted from implementing under the congressional moratorium enacted as part of H.R. 2206 (Iraq War Supplement; May 25, 2007), including the fol…

Sec. 2. Notwithstanding any other law, the additions and amendments to the Indiana Code set forth in SEA 350-2008 are applicable only to the extent that: (1) the congressional moratorium on the implementation of the restricted rules by the United States Secretary of Health and Hu…

counties or charitable institutions Sec. 1. Every county that maintains, in addition to any other charitable institution permitted by law, a county home that provides for the care of indigent individuals as provided by law: (1) shall receive and support in the county home indigen…

Sec. 10. The: (1) county council shall appropriate; and (2) the board of commissioners in each county shall advance; to the township trustees as the administrators of township assistance the money necessary for the relief and burial of the indigent in each township, which shall b…

individual; taxation Sec. 11. (a) Each township trustee as the administrator of township assistance shall pay to the county the amount fixed for each individual admitted into the county home or other charitable institution from the township, except those otherwise able to pay the…

on township; temporary placement Sec. 2. (a) The township trustee as the administrator of township assistance shall periodically provide for the admission to the county home of indigent individuals who have become permanent charges on the township. (b) Whenever an individual who …

board of commissioners Sec. 3. The township trustee as the administrator of township assistance shall, when seeking the admission of an individual as a resident of a county home, first investigate the individual and make a report to the board of commissioners of the county. The r…

investigation by county board of commissioners; terms and conditions of admission; delegation of investigation Sec. 4. (a) The board of commissioners of the county shall, upon receipt of a recommendation by the township trustee as the administrator of township assistance, immedia…

Sec. 5. If a board of commissioners finds that the individual sought to be admitted into the county home or other charitable institution should not, for any cause, be admitted, the individual denied admission, or the township trustee as the administrator of township assistance, m…

Sec. 6. In case of an emergency and pending the decision by the board of commissioners or the circuit court, superior court, or probate court, an individual sought to be admitted shall be admitted temporarily. If the final determination is made that the individual should not be a…

care and maintenance; modification of welfare payments Sec. 7. If an individual sought to be admitted to a county home on a voluntary basis upon application to the board of commissioners is a recipient of public assistance from the county or other agencies, the individual may not…

Sec. 8. The board of commissioners shall, each year at its July meeting, fix an amount to be charged for the care and maintenance of each individual in the county home or other charitable institution. The charge must cover the total amount to be charged for board, room, medical a…

charges Sec. 9. In those cases in which facilities are available, the board of commissioners may accept individuals in need of care who are able to pay all or part of the costs of care on a voluntary basis. The board of commissioners of each county maintaining a county home shall…

Sec. 1. The division shall administer money appropriated or allocated to the division by the state, including money appropriated or allocated from the following: (1) The federal Older Americans Act (42 U.S.C. 3001 et seq.). (2) The United States Department of Agriculture (7 U.S.C…

Sec. 2. The division shall administer the following programs: (1) Programs established under any of the following statutes: (A) This article. (B) IC 12-10. (2) Programs under IC 12-30, to the extent the division has responsibilities for programs under IC 12-30. (3) Medicaid waive…

Sec. 3. Notwithstanding any other law: (1) home health agencies licensed under IC 16-27-1 are approved to provide home health services; and (2) personal services agencies licensed under IC 16-27-4 are approved to provide personal services; under any federal waiver granted to the …

Sec. 1. (a) The interstate advisory health care commission is established. (b) The commission consists of members appointed by each member state in a manner determined by each member state. A member state may not appoint more than two (2) members to the commission and may withdra…

Sec. 2. (a) The commission may do the following: (1) Elect a chairperson from the commission's membership. (2) Adopt and publish bylaws and policies that are consistent with the compact. (3) Study issues of health care regulation that are of concern to the member states. (4) Make…

individual Sec. 3. A member state may not disclose personal health information of an individual to the commission. The commission may not disclose the personal health information of an individual. As added by P.L.150-2012, SEC.1.

Sec. 1. (a) A person may not operate a child care center without a license issued under this article. (b) The state or a political subdivision of the state may not operate a child care center without a license issued under this article. (c) A person may not operate a child care c…

Sec. 10. (a) The division shall deny a license if an applicant fails to meet the requirements for a license. (b) The division shall provide the applicant with written notice, sent by electronic mail to the electronic mail address provided by the applicant in the application, that…

Sec. 11. The division shall investigate any premises that the division 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.1-1993, SEC.141.

other information Sec. 12. (a) A license for a child care center expires two (2) years after the date of issuance, unless revoked, modified to a probationary or suspended status, or voluntarily returned. (b) A license issued under this chapter: (1) is not transferable; (2) applie…