Title 12, HUMAN SERVICES

Sec. 12. If it is determined that there was not probable cause to believe that an individual had a mental illness and was dangerous when taken into custody and transported to the facility to be detained, the costs of transportation to and care and maintenance in the facility duri…

Sec. 13. The following may not be held liable for an act or omission taken in good faith under this chapter, unless the act or omission constitutes gross negligence or willful or wanton misconduct: (1) A facility in which an individual is detained, treated, evaluated, or assessed…

Sec. 2. (a) If a judicial officer authorized to issue a warrant for arrest in the county in which the individual is present approves an application for detention made under section 1 of this chapter, the application authorizes a police officer to take the individual into custody …

Sec. 3. An individual detained under this chapter may be examined and given emergency treatment necessary to do the following: (1) Preserve the health and safety of the individual. (2) Protect other persons and property. [Pre-1992 Revision Citation: 16-14-9.1-7(a) part.] As added…

Sec. 6. (a) If the court does not approve an application for detention under this chapter, the individual shall be discharged from the facility. (b) The application shall be made part of the individual's medical record. [Pre-1992 Revision Citation: 16-14-9.1-7(d) part.] As added …

Sec. 9. After receiving an application for detention under section 1 of this chapter, the court shall, without a hearing, consider the application and may do one (1) of the following: (1) If the court finds that there is not probable cause to detain the individual, order the indi…

Sec. 1. An adult voluntary patient who is not adjudicated mentally incompetent may refuse to submit to treatment or a habilitation program. [Pre-1992 Revision Citation: 16-14-1.6-7 part.] As added by P.L.2-1992, SEC.21.

Sec. 2. (a) An involuntary patient who wants to refuse to submit to treatment or a habilitation program may petition the committing court or hearing officer for consideration of the treatment or program. (b) In the absence of a petition made under subsection (a), the service prov…

Sec. 10. The division of disability, aging, and rehabilitative services shall do the following: (1) Determine the current and projected needs of each geographic area of Indiana for residential services for individuals with a developmental disability and, beginning July 1, 2012, a…

Sec. 11. (a) A supervised group living facility must have a license or provisional license issued under this chapter to operate. (b) An entity that provides supported living services must be approved by the division under this chapter to operate. [Pre-1992 Revision Citation: 4-28…

Sec. 12. (a) The division may license only those supervised group living facilities that: (1) meet the standards established under section 10 of this chapter; and (2) are necessary to provide adequate services to individuals with a developmental disability in that geographic area…

Sec. 13. The division may revoke: (1) the license of a supervised group living facility; or (2) the approval of an entity that provides supported living services; that no longer meets the standards established under section 10 of this chapter after following the procedures prescr…

Sec. 14. (a) The division may issue a provisional license to a facility that does not qualify for a license under section 12 of this chapter but that provides satisfactory evidence that the facility will qualify within a period prescribed by the division. The period may not excee…

Sec. 16. The division of disability, aging, and rehabilitative services is the primary state agency responsible for planning, developing, coordinating, and implementing the plan and program of supervised group living facilities and services, including developmental and vocational…

Sec. 17. The inspection of a facility to determine its compliance with state licensure standards shall be conducted, to the extent feasible, at the same time as the inspection to determine its compliance with federal standards. [Pre-1992 Revision Citation: 4-28-21-11.] As added b…

Sec. 18.5. (a) The division of disability, aging, and rehabilitative services shall increase the reimbursement rate for services provided to an individual who receives services: (1) under a waiver under the federal home and community based services program; and (2) of greater tha…

Sec. 19. (a) The division may adopt rules under IC 4-22-2 to implement this chapter. (b) After June 30, 2011, rules of the former community residential facilities council (repealed) are considered rules of the division. As added by P.L.23-1992, SEC.12. Amended by P.L.229-2011, SE…

Sec. 1. As used in this chapter, "mobile crisis team" has the meaning set forth in IC 12-21-8-3. As added by P.L.163-2024, SEC.3.

Sec. 2. As used in this chapter, "mobile integrated healthcare" has the meaning set forth in IC 16-31-12-1. As added by P.L.163-2024, SEC.3.

Sec. 3. (a) The community cares initiative grant pilot program is established for the purpose of assisting in the cost of starting or expanding mobile integrated healthcare programs and mobile crisis teams in Indiana. (b) The division of mental health and addiction shall administ…

Sec. 4. (a) The community cares initiative fund is established for the purpose of funding the community cares initiative grant pilot program. The fund shall be administered by the division of mental health and addiction. (b) The expenses of administering the fund shall be paid fr…

Sec. 5. Before December 1 of each year, the division of mental health and addiction shall report to the legislative council in an electronic format under IC 5-14-6 the information concerning the community cares initiative grant pilot program and the grants offered to eligible ent…

Sec. 1. If an individual who: (1) is being supported at public expense in a county home; or (2) has died while a resident of a county home; is found to have an estate of any kind that is not needed for the support, in whole or in part, of the husband, wife, children, parents, gra…

Sec. 2. The reimbursement obtained under section 1 of this chapter shall be collected quarterly by the superintendent of the county home in which the individual resides or resided, at a rate of not more than seven dollars ($7) per week. The money received shall be paid quarterly …

Sec. 3. This chapter does affect the duties of township trustees or the superintendents of the county homes. [Pre-1992 Revision Citation: 12-4-5-3.] As added by P.L.2-1992, SEC.24.

Sec. 1. Indiana's participation in the compact does not include the administration of Medicare (42 U.S.C. 1395 et seq.) unless the General Assembly takes action that specifically authorizes inclusion of the Medicare program in the compact. As added by P.L.150-2012, SEC.1.

Sec. 0.1. The addition of section 6.3(a) of this chapter by P.L.247-2001 does not apply to a person who was issued a license for a class I child care home before July 1, 2001. As added by P.L.220-2011, SEC.269.

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

Sec. 10. (a) The division may delegate the investigation of child care homes to a person. The person is responsible for completing a child care home licensing study that shows substantial compliance with child care rules and is the basis of a recommendation for licensure to the d…

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 home 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) applies only to the licens…

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 home is not in full operation. (b) The provisional license shall be granted for not more than one (1) year and is subject to revi…

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

Sec. 16. The licensee shall cooperate with the division in carrying out these activities, including permitting the division to conduct announced or unannounced inspections. As added by P.L.1-1993, SEC.141.

Sec. 17. Unscheduled visits by a custodial parent or guardian of a child shall be permitted at any time the child care home 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.30.

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 home where the licensee provides child care that the child has received complete age appropriate immunizati…

Sec. 18.2. (a) At least one (1) adult individual who maintains current certification in a course of pediatric cardiopulmonary resuscitation applicable to all age groups of children cared for by the child care home shall be present at all times when a child is in the care of a chi…

Sec. 18.6. (a) Upon receiving a report under IC 31-36-1-4, a child care home shall thoroughly inspect the report. If the child care home finds that a child on the report required under IC 31-36-1-4 is enrolled at the child care home, the child care home shall immediately notify t…

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…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 2. The fire prevention and building safety commission must provide consultation regarding the licensure of child care homes to the division upon request. A…

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 home. The request must be made within thirty (30) calendar days after receiving notice under section 1…

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.