Title 12, TITLE 12. HUMAN SERVICES

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…

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 or…

Sec. 15. The division and the state fire marshal shall do the following: (1) Make annual onsite inspections. (2) Keep written records of their monitoring activities and inspections. As added by P.L.1-1993, SEC.141.

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 and the state fire marshal in carrying out these activities, including permitting the division and the state fire marshal to conduct announced or unannounced inspections. As added by P.L.1-1993, SEC.141. IC 12-17.2-4-17 Unsc…

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 …

child; orders 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…

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. 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…

Sec. 21. A hearing requested under section 20 of this chapter shall be held in accordance with IC 4-21.5-3. As added by P.L.1-1993, SEC.141.

Sec. 22. The division shall issue a decision within sixty (60) calendar days after the conclusion of the hearing. As added by P.L.1-1993, SEC.141.

Sec. 23. If a license is suspended, a licensed child care center shall cease operation and may not display the license. As added by P.L.1-1993, SEC.141.

Sec. 24. To reinstate a suspended license the following must occur: (1) The licensee must, within thirty (30) days of the notice of the suspension, submit a plan of corrective action to the division for approval. (2) The plan must outline the steps and timetable for immediate cor…

Sec. 25. Following the suspension, the division shall do one (1) of the following: (1) Reinstate the license for the term of the original license. (2) Revoke the license. (3) Issue a new license. (4) Deny a reapplication. As added by P.L.1-1993, SEC.141.

Sec. 26. A child care center shall cease operation when the license of the child care center is revoked. As added by P.L.1-1993, SEC.141.

Sec. 27. (a) After a license is revoked or suspended, the division shall publish notice under IC 5-3-1 and notify in writing each person responsible for the children in care that the license has been revoked or suspended. (b) The written notice shall be sent to the last known add…

Sec. 28. A final decision of the division made after a hearing is subject to judicial review under IC 4-21.5-5. As added by P.L.1-1993, SEC.141.

penalties; removal of children Sec. 29. (a) The division shall investigate a report of an unlicensed child care center and report the division's findings to the attorney general and to the division's attorney and the prosecuting attorney in the county where the child care center …

check Sec. 3. (a) An applicant must apply for a child care center license on forms provided by the division. (b) An applicant must submit the required information as part of the application, including the following: (1) If the county, city, or town in which the child care center …

Sec. 3.1. A person that holds a license under this chapter shall, for the duration of the person's licensure under this chapter, maintain the electronic mail address provided by the person in the person's application for the license. As added by P.L.183-2021, SEC.2.

Sec. 3.3. A person that holds a license under this chapter on July 1, 2013, shall, at no expense to the state, meet the requirements under section 3(e) of this chapter not later than July 1, 2014. As added by P.L.287-2013, SEC.9.