Title 12, HUMAN SERVICES

Sec. 5. (a) The number of supervisors of township assistance investigators may not exceed one (1) supervisor for the first four (4) township assistance investigators. If there are more than four (4) township assistance investigators, the township trustee may employ one (1) additi…

Sec. 6. An individual may not be employed as a supervisor of township assistance investigators unless the individual: (1) has been an Indiana resident for at least one (1) year immediately preceding the individual's appointment; or (2) has had at least one (1) year of experience …

Sec. 7. (a) Two (2) or more townships in the same county may jointly employ an investigator to investigate township assistance applicants and recipients. (b) Payment for investigations conducted under this section shall be made on the basis of the number of cases handled for each…

Sec. 1. As used in this chapter, "council" refers to the division of mental health and addiction planning and advisory council established by this chapter. [1992 Revision Citation: New.] As added by P.L.2-1992, SEC.15. Amended by P.L.215-2001, SEC.58; P.L.28-2012, SEC.4.

Sec. 10. All members of the council are voting members. A majority of the appointed members constitutes a quorum. The affirmative vote of a majority of the appointed members is required for the council to take any action. As added by P.L.28-2012, SEC.13.

Sec. 11. Each member of the council who is not a state employee is not entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is, however, entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurre…

Sec. 2. The division of mental health and addiction planning and advisory council is established. Any reference in statute or rule to the "mental health and addiction advisory council" is a reference to the mental health and addiction planning and advisory council. [Pre-1992 Revi…

Sec. 3. The council consists of the following twenty-nine (29) members, not less than fifty percent (50%) of whom must be individuals who are not state employees or providers of mental health services: (1) The director. (2) The secretary of education or the secretary's designee. …

Sec. 5. The director serves as chairperson of the council at the first meeting of the council held after July 1 of each year. At the first meeting of the council after July 1 of each year, the director may appoint a chairperson of the council from among the members of the council…

Sec. 6. The council shall meet at least quarterly and is subject to special meetings at the call of the chairperson. [Pre-1992 Revision Citation: 12-6-3-5(e).] As added by P.L.2-1992, SEC.15. Amended by P.L.28-2012, SEC.9.

Sec. 9. An individual serving on the council under section 3(1) through 3(7) of this chapter shall serve until the individual no longer holds the individual's office described in section 3(1) through 3(7) of this chapter. The appointing authority for an individual serving on the …

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 to the …

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.

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 security officers. …

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…

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 of vehicles with…

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 of persons with psychiatric disorders, devel…

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…

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.

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

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…