Title 12, HUMAN SERVICES

recruitment of private operators Sec. 12. (a) Subject to the availability of money and consistent with needs assessment, the division of disability, aging, and rehabilitative services shall give priority to the establishment of residential facilities, other than the facilities de…

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

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…

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 appropriately qualified and adequately trained staff (…

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, aging, and rehabilitative services shall recommend staffing limitations consistent with the pr…

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, aging, and rehabilitative services shall approve appropriate staffing limitations consiste…

Sec. 6. The office of Medicaid policy and planning and the division of disability, aging, 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 reimburs…

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 residential facility a…

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); is a permitted resident…

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 to, the transfer, sale, lease, or use of property. (b) A restriction, a …

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…

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 indigent individuals who: (A) are lawfully …

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…

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 cost of their care f…

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 is determined to be eligible for …

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 report must contain the …

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, immediately consider the recommendation and make further investigation that the board of commissioners considers best.…

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…

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 be deprived of the right to receive welfare or other p…

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…

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 periodi…

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…

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.

Sec. 12. (a) A license for a child care center expires three (3) 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) applies only to the li…

Sec. 13. (a) The division may grant a provisional license to an applicant who is not able to demonstrate compliance with a rule because the child care center is not in full operation. (b) A provisional license shall be granted for a limited period not to exceed one (1) year and i…

Sec. 14. (a) The division may grant a probationary license to a licensee who is temporarily unable to comply with a rule if: (1) the noncompliance does not present an immediate threat to the health and well-being of the children; (2) the licensee files a plan with the division to…

Sec. 14.5. (a) As used in this section, "bordering state" means any of the following: (1) Illinois. (2) Kentucky. (3) Michigan. (4) Ohio. (b) As used in this section, "child care facility" means: (1) a child care center in Indiana; or (2) a facility comparable to a child care cen…

Sec. 15. (a) The division shall do the following: (1) Make annual onsite inspections. (2) Keep written records of the monitoring activities and inspections. (b) The department of homeland security shall perform inspections of child care centers in accordance with IC 22-14-2-11. A…

Sec. 15.5. (a) This section applies to a program that: (1) admits for enrollment children at least two and one-half (2.5) years of age, but not more than six (6) years of age; and (2) is validated as a Montessori program by the United Montessori Schools of Indiana. (b) For purpos…

Sec. 16. The licensee shall cooperate with the division in carrying out these activities, including permitting the division and the department of homeland security to conduct announced or unannounced inspections. As added by P.L.1-1993, SEC.141. Amended by P.L.28-2026, SEC.23.

Sec. 17. Unscheduled visits by a custodial parent or guardian of a child shall be permitted at any time the child care center is in operation. As added by P.L.1-1993, SEC.141.

Sec. 17.5. A licensee shall ensure that a child in the licensee's care is continually supervised by a caregiver. As added by P.L.18-2003, SEC.27.

Sec. 18. (a) A licensee shall keep records regarding each child in the control and care of the licensee as the division requires and shall report to the division, upon request, the facts the division requires with reference to children. (b) The division shall keep records regardi…

Sec. 18.1. (a) After December 31, 2002, a licensee shall maintain and annually update documentation provided by the physician of each child who is cared for in a child care center where the licensee provides child care that the child has received complete age appropriate immuniza…

Sec. 18.5. (a) Upon receiving a report under IC 31-36-1-4, a child care center shall thoroughly inspect the report. If the child care center finds that a child on the report required under IC 31-36-1-4 is enrolled at the child care center, the child care center shall immediately …

Sec. 18.7. (a) The division shall adopt rules under IC 4-22-2 to establish a list of violations of this article that would pose an immediate threat to the life or well-being of a child in the care of a licensee. (b) If an employee or agent of the division determines that a violat…

Sec. 19. (a) Except as provided in section 18.7 or 29 of this chapter, the division shall give a licensee thirty (30) calendar days written notice of an enforcement action. The division shall send the notice by electronic mail to the electronic mail address provided in the licens…

Sec. 2. (a) A license may be issued only if a child care center is in compliance with food, health, safety, and sanitation standards as determined by the division under rules adopted by the division under IC 12-17.2-2-4 or in accordance with a variance or waiver approved by the d…

Sec. 20. (a) An administrative hearing concerning the decision of the division to impose a sanction under this chapter shall be provided upon a written request by the child care center. The request must be made within thirty (30) calendar days after receiving notice under section…