reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 12. Human Services › Article 12. Rehabilitation Services › Chapter 9. Reporting of Blind or Visually Impaired Persons › 12-12-9-5. Referrals

Sec. 5. This chapter does not prohibit a physician or an optometrist from making a referral to a local school corporation, an agency, the Indiana School for the Blind and Visually Impaired, or an agency or organization working with the blind or visually impaired.
As added by P.L.104-2003, SEC.1. Amended by P.L.218-2005, SEC.7.
2023 Indiana Code › Title 12. Human Services › Article 12. Rehabilitation Services › Chapter 9. Reporting of Blind or Visually Impaired Persons › 12-12-9-6. Educational Materials

Sec. 6. The office of the secretary shall prepare and provide educational materials for:
(1) licensed optometrists;
(2) licensed physicians;
(3) the Indiana University School of Medicine; and
(4) the Indiana University School of Optometry;
to inform individuals and schools of the reporting requirements and services available for an individual who is blind or visually impaired.
As added by P.L.104-2003, SEC.1.
2023 Indiana Code › Title 12. Human Services › Article 12. Rehabilitation Services › Chapter 9. Reporting of Blind or Visually Impaired Persons › 12-12-9-7. Failure to Make a Report of Blindness

Sec. 7. A person required to make a report of blindness under this chapter who fails to do so commits a Class C infraction.
As added by P.L.104-2003, SEC.1.
2023 Indiana Code › Title 12. Human Services › Article 12.7. Child Development Services › Chapter 1. Bureau of Child Development Services › 12-12.7-1-2. Organization of Bureau; Services for Infants and Toddlers With Disabilities

Sec. 2. The director shall organize the bureau in the manner necessary to carry out the bureau's duties. However, the bureau must include a unit of services for infants and toddlers with disabilities.
As added by P.L.93-2006, SEC.11.
2023 Indiana Code › Title 12. Human Services › Article 12.7. Child Development Services › Chapter 1. Bureau of Child Development Services › 12-12.7-1-3. Bureau Duties

Sec. 3. The bureau shall do the following:
(1) Plan, establish, and operate programs and services relating to child development services.
(2) Design all necessary state plans for child development services required for the receipt and disbursement of any money available to the state from the federal government.
(3) Direct the disbursement and administer the use of money from all sources for child development programs administered under this article.
As added by P.L.93-2006, SEC.11.
2023 Indiana Code › Title 12. Human Services › Article 12.7. Child Development Services › Chapter 2. Infants and Toddlers With Disabilities Program › 12-12.7-2-1. "Agency"

Sec. 1. As used in this chapter, "agency" means a department, a commission, a council, a board, a bureau, a division, a service, an office, or an administration that is responsible for providing services to infants and toddlers with disabilities and their families, including the following:
(1) The division of mental health and addiction.
(2) The Indiana department of health.
(3) The division of family resources.
(4) The division of disability, aging, and rehabilitative services.
(5) The department of education.
(6) The department of child services.
As added by P.L.93-2006, SEC.11. Amended by P.L.56-2023, SEC.98.
2023 Indiana Code › Title 12. Human Services › Article 12.7. Child Development Services › Chapter 2. Infants and Toddlers With Disabilities Program › 12-12.7-2-2. "Council"

Sec. 2. As used in this chapter, "council" refers to the interagency coordinating council established by section 7 of this chapter.
As added by P.L.93-2006, SEC.11.
2023 Indiana Code › Title 12. Human Services › Article 12.7. Child Development Services › Chapter 2. Infants and Toddlers With Disabilities Program › 12-12.7-2-4. "Infants and Toddlers With Disabilities"

Sec. 4. (a) As used in this chapter, "infants and toddlers with disabilities" means individuals from birth through two (2) years of age who need early intervention services because the individuals meet the following conditions:
(1) Are experiencing developmental delays, as measured by appropriate diagnostic instruments and procedures, in at least one (1) of the following:
(A) Cognitive development.
(B) Physical development.
(C) Communication development.
(D) Social or emotional development.
(E) Adaptive development.
(2) Have a diagnosed physical or mental condition that has a high probability of resulting in developmental delay.
(b) The term may also include, under rules adopted by the division, individuals from birth through two (2) years of age who are at risk of having substantial developmental delays if early intervention services are not provided.
As added by P.L.93-2006, SEC.11.
2023 Indiana Code › Title 12. Human Services › Article 12.7. Child Development Services › Chapter 2. Infants and Toddlers With Disabilities Program › 12-12.7-2-5. Purposes of Chapter

Sec. 5. The purposes of this chapter are as follows:
(1) To enhance the development and minimize the potential for developmental delay of infants and toddlers with disabilities.
(2) To reduce educational costs to the state by minimizing the need for special education and related services after infants and toddlers with disabilities reach school age.
(3) To minimize the likelihood of institutionalization and maximize the potential for independent living of individuals with disabilities.
(4) To enhance the capacity of families to meet the special needs of infants and toddlers with disabilities.
(5) To comply with 20 U.S.C. 1431 through 1444.
As added by P.L.93-2006, SEC.11. Amended by P.L.210-2015, SEC.27.
2023 Indiana Code › Title 12. Human Services › Article 12.7. Child Development Services › Chapter 2. Infants and Toddlers With Disabilities Program › 12-12.7-2-6. Administration and Supervision; Financial Responsibility

Sec. 6. (a) The division shall do the following:
(1) Carry out the general administration and supervision of programs and activities receiving assistance under this chapter, monitor programs and activities implemented by the state, regardless of whether the programs and activities are receiving assistance under this chapter, and ensure that the state complies with 20 U.S.C. 1431 through 1444 in implementing this chapter.
(2) Identify and coordinate all available resources from federal, state, local, and private sources, and use all applicable resources to the full extent of the resources.
(3) Develop procedures to ensure that early intervention services are provided to infants and toddlers with disabilities and their families in a timely manner pending the resolution of disputes among public agencies and providers.
(4) Resolve disputes within an agency or between agencies.
(5) Enter into formal interagency agreements that define the financial responsibility of each agency for paying for early intervention services consistent with Indiana law and procedures for resolving disputes, including all additional components necessary to ensure meaningful cooperation and coordination.
(6) Develop and implement utilization review procedures for services provided under this chapter.
(7) Adopt rules under IC 4-22-2 to establish a cost participation schedule for purposes of section 17 of this chapter.
(b) The state shall designate an individual or entity responsible for assigning financial responsibility among appropriate agencies under this chapter.
As added by P.L.93-2006, SEC.11. Amended by P.L.210-2015, SEC.28; P.L.108-2019, SEC.191.
2023 Indiana Code › Title 12. Human Services › Article 12.7. Child Development Services › Chapter 2. Infants and Toddlers With Disabilities Program › 12-12.7-2-6.5. Make-Up Therapy Sessions

Sec. 6.5. Not later than November 1, 2019, the division shall review and revise the division's current policy regarding make-up therapy sessions, including defining what constitutes a "make-up" or "missed" session, based on recommendations from the council. The revised policy must allow for make-up sessions and must be based on a child's current development progress and the goals of the individualized family service plan.
As added by P.L.131-2019, SEC.1.
2023 Indiana Code › Title 12. Human Services › Article 12.7. Child Development Services › Chapter 2. Infants and Toddlers With Disabilities Program › 12-12.7-2-8. Membership

Sec. 8. (a) The council consists of at least fifteen (15) but not more than twenty-five (25) members appointed by the governor as follows:
(1) At least twenty percent (20%) of the members must be individuals who:
(A) are parents, including minority parents, of infants or toddlers with disabilities or of children who are less than thirteen (13) years of age with disabilities; and
(B) have knowledge of or experience with programs for infants and toddlers with disabilities.
At least one (1) of the members described in this subdivision must be a parent of an infant or toddler with a disability or of a child less than seven (7) years of age with a disability.
(2) At least twenty percent (20%) of the members must be public or private providers of early intervention services.
(3) At least one (1) member must be a member of the general assembly.
(4) Each of the state agencies involved in the provision of or payment for early intervention services to infants and toddlers with disabilities and their families must be represented by at least one (1) member. The members described in this subdivision must have sufficient authority to engage in policy planning and implementation on behalf of the state agency the member represents.
(5) At least one (1) member must be involved in personnel preparation.
(6) At least one (1) member must:
(A) represent a state educational agency responsible for preschool services to children with disabilities; and
(B) have sufficient authority to engage in policy planning and implementation on behalf of the agency.
(7) At least one (1) member must represent the department of insurance created by IC 27-1-1-1.
(8) At least one (1) member must represent an agency or program that is:
(A) located in Indiana; and
(B) authorized to participate in the Head Start program under 42 U.S.C. 9831 et seq.
(9) At least one (1) member must represent a state agency responsible for child care.
(10) At least one (1) member must represent the office of Medicaid policy and planning established by IC 12-8-6.5-1.
(11) At least one (1) member must be a representative designated by the office of coordinator for education of homeless children and youths.
(12) At least one (1) member must be a state foster care representative from the department of child services established by IC 31-25-1-1.
(13) At least one (1) member must represent the division of mental health and addiction established by IC 12-21-1-1.
(b) To the extent possible, the governor shall ensure that the membership of the council reasonably represents the population of Indiana.
As added by P.L.93-2006, SEC.11. Amended by P.L.160-2012, SEC.30.
2023 Indiana Code › Title 12. Human Services › Article 12.7. Child Development Services › Chapter 2. Infants and Toddlers With Disabilities Program › 12-12.7-2-9. Appointment and Terms of Council Members

Sec. 9. (a) The governor shall make the initial appointments under section 8 of this chapter with staggered terms and subsequent appointments for terms of three (3) years. However, a member shall continue to serve until a successor is appointed.
(b) A council member may be reappointed for succeeding terms.
As added by P.L.93-2006, SEC.11. Amended by P.L.111-2020, SEC.3.
2023 Indiana Code › Title 12. Human Services › Article 12.7. Child Development Services › Chapter 2. Infants and Toddlers With Disabilities Program › 12-12.7-2-10. Election and Terms of Chairperson and Vice Chairperson

Sec. 10. (a) The council shall annually elect a chairperson and vice chairperson from within its membership.
(b) A member of the council who is a representative of the division may not serve as chairperson or vice chairperson of the council.
(c) A chairperson and vice chairperson may be reelected for succeeding terms.
As added by P.L.93-2006, SEC.11. Amended by P.L.111-2020, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 12.7. Child Development Services › Chapter 2. Infants and Toddlers With Disabilities Program › 12-12.7-2-11. Called Meetings

Sec. 11. Any of the following may call a meeting of the council:
(1) The chairperson of the council.
(2) The vice chairperson, if the chairperson is not available.
As added by P.L.93-2006, SEC.11. Amended by P.L.111-2020, SEC.5.
2023 Indiana Code › Title 12. Human Services › Article 12.7. Child Development Services › Chapter 2. Infants and Toddlers With Disabilities Program › 12-12.7-2-14. Budget; Use of Funds

Sec. 14. The council shall prepare and approve a budget using funds under this chapter to do the following:
(1) Conduct hearings and forums.
(2) Pay per diem and travel and other expenses as provided in section 14.5 of this chapter to members of the council.
(3) Hire the staff and obtain services that are necessary to carry out the council's functions.
As added by P.L.93-2006, SEC.11. Amended by P.L.111-2020, SEC.6.
2023 Indiana Code › Title 12. Human Services › Article 12.7. Child Development Services › Chapter 2. Infants and Toddlers With Disabilities Program › 12-12.7-2-14.5. Per Diems; Traveling Expenses; Reimbursements

Sec. 14.5. (a) Any member of the council who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement for traveling expenses under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
(b) Any member of the council who is a state employee but who is not a member of the general assembly is entitled to reimbursement for traveling expenses under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
(c) Any member of the council who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to members of the general assembly serving on interim study committees established by the legislative council.
As added by P.L.111-2020, SEC.7.
2023 Indiana Code › Title 12. Human Services › Article 12.7. Child Development Services › Chapter 2. Infants and Toddlers With Disabilities Program › 12-12.7-2-15. Powers and Duties

Sec. 15. The council shall do the following:
(1) Advise and assist the division in the performance of the responsibilities set forth in section 6 of this chapter, particularly the following:
(A) Identification of sources of fiscal and other support for services for early intervention programs.
(B) Use of existing resources to the full extent in implementing early intervention programs.
(C) Assignment of financial responsibility to the appropriate agency.
(D) Promotion of interagency agreements.
(E) Development and implementation of utilization review procedures.
(2) Advise and assist the division in the preparation of applications required under 20 U.S.C. 1431 through 1444.
(3) Prepare and submit an annual report to the governor, the general assembly, and the United States Secretary of Education by November 1 of each year concerning the status of early intervention programs for infants and toddlers with disabilities and their families. The report must contain the following information concerning the funding of the program under this chapter:
(A) The total amount billed to a federal or state program each state fiscal year for services provided under this chapter, including the following programs:
(i) Medicaid.
(ii) The children's health insurance program.
(iii) The federal Temporary Assistance for Needy Families (TANF) program (45 CFR 265).
(iv) Any other state or federal program.
(B) The total amount billed each state fiscal year to an insurance company for services provided under this chapter and the total amount reimbursed by the insurance company.
(C) The total copayments collected under this chapter each state fiscal year.
(D) The total administrative expenditures.
A report submitted under this subdivision to the general assembly must be in an electronic format under IC 5-14-6.
(4) Periodically request from the agencies responsible for providing early childhood intervention services for infants and toddlers with disabilities and preschool special education programs written reports concerning the implementation of each agency's respective programs.
(5) Make recommendations to the various agencies concerning improvements to each agency's delivery of services.
(6) Otherwise comply with 20 U.S.C. 1441.
As added by P.L.93-2006, SEC.11. Amended by P.L.210-2015, SEC.29; P.L.130-2018, SEC.45.
2023 Indiana Code › Title 12. Human Services › Article 12.7. Child Development Services › Chapter 2. Infants and Toddlers With Disabilities Program › 12-12.7-2-16. Advice and Assistance Regarding Other Services

Sec. 16. (a) To the extent that the services are appropriate, the council shall advise and assist the department of education regarding the transition of toddlers with disabilities to preschool special education services under IC 20-35.
(b) The council may advise and assist the division and the department of education regarding the provision of appropriate services for children who are less than six (6) years of age.
As added by P.L.93-2006, SEC.11.
2023 Indiana Code › Title 12. Human Services › Article 12.7. Child Development Services › Chapter 2. Infants and Toddlers With Disabilities Program › 12-12.7-2-17. Cost Participation Schedule; Cost Participation Plan

Sec. 17. (a) As used in this section, "per unit of treatment" means an increment of fifteen (15) minutes for services provided to an individual.
(b) A family shall participate in the cost of programs and services provided under this chapter to the extent allowed by federal law according to a cost participation schedule established by the division. The cost participation schedule must be based on the federal income poverty level and set forth a copayment per unit of treatment and a maximum monthly cost share amount.
(c) A cost participation plan used by the division for families to participate in the cost of the programs and services provided under this chapter:
(1) must:
(A) be based on income and ability to pay;
(B) provide for a review of a family's cost participation amount:
(i) annually; and
(ii) within thirty (30) days after the family reports a reduction in income; and
(C) allow the division to waive a required copayment if other medical expenses or personal care needs expenses for any member of the family reduce the level of income the family has available to pay copayments under this section;
(2) may allow a family to voluntarily contribute payments that exceed the family's required cost participation amount;
(3) must require the family to allow the division access to all health care coverage information that the family has concerning the infant or toddler who is to receive services;
(4) must require families to consent to the division billing third party payors for early intervention services provided;
(5) may allow the division to waive the billing to third party payors if the family is able to demonstrate financial or personal hardship on the part of the family member; and
(6) must require the division to waive the family's monthly copayments in any month for those services for which it receives payment from the family's health insurance coverage.
(d) Funds received through a cost participation plan under this section must be used to fund programs described in section 18 of this chapter.
(e) Before the division may make a change to the cost participation schedule, the division must do the following:
(1) Release the proposed changes to the cost participation schedule for public comment no later than September 1 in the year before the change will be effective.
(2) Allow a sixty (60) day public comment period on the proposed changes to the cost participation schedule.
(3) Implement any change to the cost participation schedule no earlier than July 1 of the year following the release of the proposed change under subdivision (1).
As added by P.L.93-2006, SEC.11. Amended by P.L.229-2011, SEC.120; P.L.108-2019, SEC.192; P.L.111-2020, SEC.8.
2023 Indiana Code › Title 12. Human Services › Article 12.7. Child Development Services › Chapter 2. Infants and Toddlers With Disabilities Program › 12-12.7-2-17.3. Presumed Income if Receiving Benefits

Sec. 17.3. Subject to any federal requirements under 20 U.S.C. 1431 et seq., for purposes of determining a family's income under section 17 of this chapter, a family is presumed to have an income that is not more than two hundred fifty percent (250%) of the federal income poverty level if the family is receiving benefits under any of the following:
(1) The Medicaid program.
(2) The Supplemental Nutrition Assistance Program (SNAP).
(3) The Temporary Assistance for Needy Families (TANF) program.
(4) Any other program approved by the division.
As added by P.L.131-2019, SEC.2.
2023 Indiana Code › Title 12. Human Services › Article 12.7. Child Development Services › Chapter 2. Infants and Toddlers With Disabilities Program › 12-12.7-2-17.5. Remedies for Failure to Pay for Services

Sec. 17.5. (a) Subject to subsection (b), the agency may do any of the following for any amount owed under section 17 of this chapter by a person if the amount owed is more than sixty (60) days past due:
(1) Set off under IC 6-8.1-9.5 on any state tax refund owed to the person against the delinquent debt.
(2) Terminate services provided to an individual under the program for failure to pay the cost participation set forth in section 17 of this chapter.
(b) The agency may not terminate services under subsection (a)(2) until the agency has provided the family with written notice:
(1) stating:
(A) the amount of money owed by the family that is past due for services provided; and
(B) the amount of payment necessary in order to prevent termination of services; and
(2) advising the family to contact the agency:
(A) for assistance; or
(B) to negotiate an alternative payment arrangement or to recalculate the amount of payment owed.
As added by P.L.229-2011, SEC.121. Amended by P.L.293-2013(ts), SEC.41.
2023 Indiana Code › Title 12. Human Services › Article 12.7. Child Development Services › Chapter 2. Infants and Toddlers With Disabilities Program › 12-12.7-2-18. Adoption of Rules

Sec. 18. Upon the recommendations of the council, the division shall adopt rules under IC 4-22-2 providing for a statewide system of coordinated, comprehensive, multidisciplinary, interagency programs that provide appropriate early intervention services to all infants and toddlers with disabilities and their families to the extent required under 20 U.S.C. 1431 through 1444.
As added by P.L.93-2006, SEC.11. Amended by P.L.210-2015, SEC.30.
2023 Indiana Code › Title 12. Human Services › Article 12.7. Child Development Services › Chapter 2. Infants and Toddlers With Disabilities Program › 12-12.7-2-19. Repealed

As added by P.L.93-2006, SEC.11. Amended by P.L.3-2009, SEC.7; P.L.53-2014, SEC.102. Repealed by P.L.130-2018, SEC.46.
2023 Indiana Code › Title 12. Human Services › Article 12.7. Child Development Services › Chapter 2. Infants and Toddlers With Disabilities Program › 12-12.7-2-22. Repealed

As added by P.L.246-2019, SEC.1 and P.L.264-2019, SEC.2. Repealed by P.L.201-2023, SEC.134.
2023 Indiana Code › Title 12. Human Services › Article 12.7. Child Development Services › Chapter 2. Infants and Toddlers With Disabilities Program › 12-12.7-2-23. "Covered Plan"; Reimbursement Rate for Early Intervention Services

Sec. 23. (a) As used in this section, "covered plan" means a plan providing coverage for early intervention services under IC 5-10-8-7.3, IC 21-38-6-1, or IC 27-8-27-6.
(b) The division may not be paid by a covered plan for early intervention services provided under this chapter at a rate that is less than the product of the following:
(1) The covered plan's CPT code (as defined by 27-1-37.5-3) rate for each service provided; multiplied by
(2) The frequency of each service.
As added by P.L.111-2020, SEC.9.
2023 Indiana Code › Title 12. Human Services › Article 13. Division of Family Resources › Chapter 1. Establishment of Division › 12-13-1-1. Establishment

Sec. 1. The division of family resources is established.
[Pre-1992 Revision Citation: 12-1-2-1.]
As added by P.L.2-1992, SEC.7. Amended by P.L.234-2005, SEC.19.
2023 Indiana Code › Title 12. Human Services › Article 13. Division of Family Resources › Chapter 1. Establishment of Division › 12-13-1-2. Application of Ic 12-8-8

Sec. 2. IC 12-8-8.5 applies to the division.
[1992 Revision Citation: New.]
As added by P.L.2-1992, SEC.7. Amended by P.L.160-2012, SEC.31.
2023 Indiana Code › Title 12. Human Services › Article 13. Division of Family Resources › Chapter 2. Director of Division › 12-13-2-1. Appointment

Sec. 1. The division shall be administered by a director appointed under IC 12-8-8.5-1.
[1992 Revision Citation: New.]
As added by P.L.2-1992, SEC.7. Amended by P.L.160-2012, SEC.32.
2023 Indiana Code › Title 12. Human Services › Article 13. Division of Family Resources › Chapter 2. Director of Division › 12-13-2-2. Bond and Oath

Sec. 2. (a) Before the director begins official duties, the director must do the following:
(1) Execute a bond payable to the state in an amount and with sureties as approved by the secretary that is conditioned on the faithful discharge of the director's duties.
(2) Take and subscribe an oath that must be endorsed upon the director's official bond.
(b) The executed bond and oath shall be filed in the office of the secretary of state.
[Pre-1992 Revision Citation: 12-1-2-2(a) part.]
As added by P.L.2-1992, SEC.7.
2023 Indiana Code › Title 12. Human Services › Article 13. Division of Family Resources › Chapter 2. Director of Division › 12-13-2-3. Responsibilities of Secretary

Sec. 3. The secretary is responsible for the following:
(1) The appointment of state investigators or boards of review provided by law that are necessary to ensure a fair hearing to an applicant or a recipient. A fair hearing shall be granted at the request of an aggrieved person who desires a hearing. The division shall review cases upon the request of an applicant, a recipient, or an aggrieved person.
(2) The adoption of all policies for the division.
(3) The administrative and executive duties and responsibilities of the division.
(4) The establishment of salaries for the officers and employees of the division within the salary ranges of the pay plan adopted by the Indiana personnel advisory board and approved by the budget committee.
(5) The establishment of minimum standards of assistance for old age and dependent children recipients. A standard established under this subdivision must apply to all individuals in Indiana.
[Pre-1992 Revision Citations: subdivision (1) formerly 12-1-2-2(b); subdivision (2) formerly 12-1-2-2(c) part; subdivision (3) formerly 12-1-2-2(c) part; subdivision (4) formerly 12-1-2-2(c) part; subdivision (5) formerly 12-1-2-2(d); subdivision (6) formerly 12-1-2.1-2(a) part.]
As added by P.L.2-1992, SEC.7. Amended by P.L.272-1999, SEC.38; P.L.39-2015, SEC.8; P.L.35-2016, SEC.29.
2023 Indiana Code › Title 12. Human Services › Article 13. Division of Family Resources › Chapter 3. Personnel of Division › 12-13-3-2. Criminal and Civil Liability; Actions or Proceedings; Defense; Damages

Sec. 2. (a) If a member, an officer, or an employee of the division is accused of an offense or sued for civil damages because of an act performed within the course of the individual's employment or because of an act performed under the authority or order of a superior officer, the attorney general shall defend the individual in an action for civil damages. If the action or proceeding is criminal in nature, the governor shall designate counsel to represent and defend the accused and the state is financially responsible for the expense of the defense.
(b) This section does not do either of the following:
(1) Deprive an individual of the right to select defense counsel of the individual's choice at the individual's expense.
(2) Relieve a person from responsibility for civil damages.
[1992 Revision Citation: 12-1-2.1-5.]
As added by P.L.2-1992, SEC.7.
2023 Indiana Code › Title 12. Human Services › Article 13. Division of Family Resources › Chapter 4. Division Advisory Council › 12-13-4-1. "Council" Defined

Sec. 1. As used in this chapter, "council" refers to the division of family resources advisory council established by this chapter.
[1992 Revision Citation: New.]
As added by P.L.2-1992, SEC.7. Amended by P.L.1-1994, SEC.55; P.L.145-2006, SEC.73.
2023 Indiana Code › Title 12. Human Services › Article 13. Division of Family Resources › Chapter 4. Division Advisory Council › 12-13-4-2. Establishment

Sec. 2. The division of family resources advisory council is established.
[Pre-1992 Revision Citation: 12-6-3-5(a).]
As added by P.L.2-1992, SEC.7. Amended by P.L.145-2006, SEC.74.
2023 Indiana Code › Title 12. Human Services › Article 13. Division of Family Resources › Chapter 4. Division Advisory Council › 12-13-4-3. Members

Sec. 3. The council consists of the following eleven (11) members:
(1) The director.
(2) Ten (10) individuals:
(A) appointed by the secretary; and
(B) who have a recognized knowledge of or interest in the programs administered by the division.
[Pre-1992 Revision Citation: 12-6-3-5(b).]
As added by P.L.2-1992, SEC.7.
2023 Indiana Code › Title 12. Human Services › Article 13. Division of Family Resources › Chapter 4. Division Advisory Council › 12-13-4-4. Fixed Term of Members

Sec. 4. Each member of the council appointed under section 3(2) of this chapter has a fixed term as provided in IC 12-8-2.5-4.
[Pre-1992 Revision Citation: 12-6-3-5(c).]
As added by P.L.2-1992, SEC.7. Amended by P.L.160-2012, SEC.33.
2023 Indiana Code › Title 12. Human Services › Article 13. Division of Family Resources › Chapter 4. Division Advisory Council › 12-13-4-5. Presiding Officer

Sec. 5. The director serves as presiding officer of the council.
[Pre-1992 Revision Citation: 12-6-3-5(d).]
As added by P.L.2-1992, SEC.7.
2023 Indiana Code › Title 12. Human Services › Article 13. Division of Family Resources › Chapter 4. Division Advisory Council › 12-13-4-6. Meetings

Sec. 6. The council shall meet at least monthly and is subject to special meetings at the call of the council's presiding officer.
[Pre-1992 Revision Citation: 12-6-3-5(e).]
As added by P.L.2-1992, SEC.7.
2023 Indiana Code › Title 12. Human Services › Article 13. Division of Family Resources › Chapter 4. Division Advisory Council › 12-13-4-7. Application of Ic 12-8-2.5

Sec. 7. IC 12-8-2.5 applies to the council.
[1992 Revision Citation: New.]
As added by P.L.2-1992, SEC.7. Amended by P.L.160-2012, SEC.34.
2023 Indiana Code › Title 12. Human Services › Article 13. Division of Family Resources › Chapter 5. Duties of Division › 12-13-5-2. Services and Programs Administered

Sec. 2. The division shall administer the following:
(1) A child development associate scholarship program.
(2) Any school age dependent care program.
(3) Migrant day care services.
(4) The migrant nutrition program.
(5) The home visitation and social services program.
(6) The educational consultants program.
(7) Community restitution or service programs.
(8) The crisis nursery program.
(9) Social services programs.
(10) The step ahead comprehensive early childhood grant program.
(11) Any other program:
(A) designated by the general assembly; or
(B) administered by the federal government under grants consistent with the duties of the division.
[Pre-1992 Revision Citations: subdivision (1) formerly 12-1-2-3.1(6); subdivision (2) formerly 12-1-2-3.1(7); subdivision (3) formerly 12-1-2-3.1(8); subdivision (4) formerly 12-1-2-3.1(9); subdivision (5) formerly 12-1-2-3.1(10); subdivision (6) formerly 12-1-2-3.1(11); subdivision (7) formerly 12-1-2-3.1(12); subdivision (8) formerly 12-1-2-3.1(13); subdivision (9) formerly 12-1-2-3.1(14); subdivision (10) formerly 12-1-2-3.1(15); subdivision (11) formerly 12-1-2-3.1(16); subdivision (12) formerly 12-1-2-3.1(17); subdivision (13) formerly 12-1-2-3.1(22); subdivision (14) formerly 12-1-2-3.1(23); subdivision (15) formerly 12-1-2-3.1(24); 1992 Revision Citations: subdivision (16) New; subdivision (17) New; subdivision (18) New; subdivision (19) New; subdivision (20) New; subdivision (21) New; subdivision (22) New; subdivision (23) New; subdivision (24) New.]
As added by P.L.2-1992, SEC.7. Amended by P.L.4-1993, SEC.52; P.L.5-1993, SEC.65; P.L.32-2000, SEC.7; P.L.234-2005, SEC.21; P.L.173-2006, SEC.45; P.L.181-2006, SEC.53; P.L.1-2007, SEC.119; P.L.130-2009, SEC.17; P.L.128-2012, SEC.5.
2023 Indiana Code › Title 12. Human Services › Article 13. Division of Family Resources › Chapter 5. Duties of Division › 12-13-5-3. Rules; Agents

Sec. 3. The division may do the following:
(1) Adopt rules under IC 4-22-2 and take action that is necessary or desirable to carry out IC 12-13 through IC 12-19 and that is not inconsistent with IC 12-13 through IC 12-19. Each county director shall keep copies of the rules on file available for inspection by any person interested.
(2) Under a division rule, designate county offices to serve as agents of the division in the performance of all public welfare activities in the county.
[Pre-1992 Revision Citations: subdivision (1) formerly 12-1-2-3(f); subdivision (2) formerly 12-1-2-3(m); subdivision (3) formerly 12-1-2-3(n) part.]
As added by P.L.2-1992, SEC.7. Amended by P.L.4-1993, SEC.53; P.L.5-1993, SEC.66; P.L.108-1996, SEC.3.
2023 Indiana Code › Title 12. Human Services › Article 13. Division of Family Resources › Chapter 5. Duties of Division › 12-13-5-4. Powers of Supervision of State Institutions Under Ic 12-13 Through Ic 12-19 Restricted

Sec. 4. IC 12-13 through IC 12-19 conferring powers of supervision on the division do not include the actual management of state institutions or the selection of the personnel of state institutions.
[Pre-1992 Revision Citation: 12-1-2-3(q).]
As added by P.L.2-1992, SEC.7.
2023 Indiana Code › Title 12. Human Services › Article 13. Division of Family Resources › Chapter 5. Duties of Division › 12-13-5-5. Records and Reports

Sec. 5. (a) Each county auditor shall keep records and make reports relating to the county welfare fund (before July 1, 2001), the family and children's fund (before January 1, 2009), and other financial transactions as required under IC 12-13 through IC 12-19 and as required by the division or the department of child services.
(b) All records provided for in IC 12-13 through IC 12-19 shall be kept, prepared, and submitted in the form required by the division or the department of child services and the state board of accounts.
[Pre-1992 Revision Citation: 12-1-12-1.]
As added by P.L.2-1992, SEC.7. Amended by P.L.36-1994, SEC.13; P.L.273-1999, SEC.80; P.L.234-2005, SEC.22; P.L.146-2008, SEC.384.
2023 Indiana Code › Title 12. Human Services › Article 13. Division of Family Resources › Chapter 5. Duties of Division › 12-13-5-6. Appointment of Personnel

Sec. 6. The secretary or the secretary's designee shall appoint necessary eligible personnel for the efficient performance of the division's duties.
[Pre-1992 Revision Citation: 12-1-2-5 part.]
As added by P.L.2-1992, SEC.7. Amended by P.L.35-2016, SEC.30.
2023 Indiana Code › Title 12. Human Services › Article 13. Division of Family Resources › Chapter 5. Duties of Division › 12-13-5-7. Appointment of Bureau Head or Employee

Sec. 7. (a) The secretary or the secretary's designee shall appoint a bureau head or an employee who reports directly to the director.
(b) The bureau head shall, with the approval of the secretary or the secretary's designee, appoint each employee who reports directly to the head.
[Pre-1992 Revision Citation: 12-1-2-5 part.]
As added by P.L.2-1992, SEC.7. Amended by P.L.35-2016, SEC.31.
2023 Indiana Code › Title 12. Human Services › Article 13. Division of Family Resources › Chapter 5. Duties of Division › 12-13-5-8. Deputies; Payment of Salaries

Sec. 8. (a) The attorney general shall assign to the division the number of deputies the director determines are needed to assist in the administration of the division.
(b) The salary of each deputy assigned to the division shall, during the deputy's service to the division, be paid from the money made available for the administration and enforcement of IC 12-13 through IC 12-19.
[Pre-1992 Revision Citation: 12-1-2-5 part.]
As added by P.L.2-1992, SEC.7.
2023 Indiana Code › Title 12. Human Services › Article 13. Division of Family Resources › Chapter 5. Duties of Division › 12-13-5-9. Failure or Refusal to Perform Duty or Obey Order; Enforcement Procedures

Sec. 9. (a) If a public official, board, or commission fails or refuses to perform a duty under IC 12-13 through IC 12-19, the division or an agency allowed by law to coordinate or supervise assistance under IC 12-13 through IC 12-19 may order the public official, board, or commission to perform the duty.
(b) If the public official, board, or commission refuses to obey an order issued under subsection (a), the agency issuing the order under subsection (a) may institute a mandamus proceeding in a court to compel the public official, board, or commission to perform the duty.
(c) The attorney general shall assist in proceedings under this section.
[Pre-1992 Revision Citation: 12-1-12-3 part.]
As added by P.L.2-1992, SEC.7.
2023 Indiana Code › Title 12. Human Services › Article 13. Division of Family Resources › Chapter 5. Duties of Division › 12-13-5-10. Amendment or Repeal of Provision of Title; Claim for Compensation Barred

Sec. 10. The amendment or repeal of a provision of this title does not create a claim for compensation on behalf of a recipient under this title.
[Pre-1992 Revision Citation: 12-1-12-9.]
As added by P.L.2-1992, SEC.7.
2023 Indiana Code › Title 12. Human Services › Article 13. Division of Family Resources › Chapter 5. Duties of Division › 12-13-5-11. Taking Charge of Child Under Ic 12-13 Through Ic 12-19 Over Parental Objection Restricted

Sec. 11. Except as provided in IC 31-37-7-3, IC 12-13 through IC 12-19 does not authorize a state or county official, agent, or representative, in carrying out IC 12-13 through IC 12-19, to take charge of a child over the objection of either parent of the child or of the person standing in loco parentis to the child, except under a court order.
[Pre-1992 Revision Citation: 12-1-12-17.]
As added by P.L.2-1992, SEC.7. Amended by P.L.79-1994, SEC.1; P.L.1-1997, SEC.54.
2023 Indiana Code › Title 12. Human Services › Article 13. Division of Family Resources › Chapter 5. Duties of Division › 12-13-5-12. Liberal Construction of Ic 12-13 Through Ic 12-19

Sec. 12. IC 12-13 through IC 12-19 shall be liberally construed so that the purposes may be accomplished as equitably, economically, and expeditiously as possible.
[Pre-1992 Revision Citation: 12-1-12-3 part.]
As added by P.L.2-1992, SEC.7.
2023 Indiana Code › Title 12. Human Services › Article 13. Division of Family Resources › Chapter 5. Duties of Division › 12-13-5-14. Contractor Responsibilities; Report

Sec. 14. (a) As used in this section, "committee" refers to the interim study committee on public health, behavioral health, and human services established by IC 2-5-1.3-4.
(b) A contractor for the division, office, or secretary that has responsibility for processing eligibility intake for the federal Supplemental Nutrition Assistance program (SNAP), the Temporary Assistance for Needy Families (TANF) program, and the Medicaid program shall do the following:
(1) Review the eligibility intake process for:
(A) document management issues, including:
(i) unattached documents;
(ii) number of documents received by facsimile;
(iii) number of documents received by mail;
(iv) number of documents incorrectly classified;
(v) number of documents that are not indexed or not correctly attached to cases;
(vi) number of complaints from clients regarding lost documents; and
(vii) number of complaints from clients resolved regarding lost documents;
(B) direct client assistance at county offices, including the:
(i) number of clients helped directly in completing eligibility application forms;
(ii) wait times at local offices;
(iii) amount of time an applicant is given as notice before a scheduled applicant appointment;
(iv) amount of time an applicant waits for a scheduled appointment; and
(v) timeliness of the tasks sent by the contractor to the state for further action, as specified through contracted performance standards; and
(C) call wait times and abandonment rates.
(2) Provide an update on employee training programs.
(3) Provide a copy of the monthly key performance indicator report.
(4) Provide information on error reports and contractor compliance with the contract.
(5) Provide oral and written reports to the committee concerning matters described in subdivision (1):
(A) in a manner and format to be agreed upon with the committee; and
(B) whenever the committee requests.
However, written reports shall be provided in an electronic format under IC 5-14-6.
(6) Report on information concerning assistance provided by voluntary community assistance networks (V-CANs).
(7) Report on the independent performance audit conducted on the contract.
(c) Solely referring an individual to a computer or telephone does not constitute the direct client assistance referred to in subsection (b)(1)(B).
As added by P.L.153-2009, SEC.2. Amended by P.L.205-2013, SEC.183; P.L.53-2014, SEC.103.
2023 Indiana Code › Title 12. Human Services › Article 13. Division of Family Resources › Chapter 6. Creation of Bureaus and Bureau Responsibilities › 12-13-6-1. Office of Early Childhood and Out of School Learning and Bureau of Economic Independence Established

Sec. 1. The following are established within the division:
(1) An office of early childhood and out of school learning.
(2) A bureau of economic independence.
[Pre-1992 Revision Citation: 12-1-2-6 part.]
As added by P.L.2-1992, SEC.7. Amended by P.L.186-2001, SEC.3; P.L.234-2005, SEC.23; P.L.210-2015, SEC.33; P.L.74-2022, SEC.8.
2023 Indiana Code › Title 12. Human Services › Article 13. Division of Family Resources › Chapter 6. Creation of Bureaus and Bureau Responsibilities › 12-13-6-2. Bureau Head and Assistant Supervisor; Bond and Oath; Bureau of Family Independence Responsibilities

Sec. 2. Subject to the authority of the division and the director, the following apply to the bureaus:
(1) The bureau of family independence has immediate charge of old age assistance, assistance to dependent children in the children's own homes, and assistance to the blind.
(2) The officer who is in charge of a bureau is the bureau head.
(3) Before entering upon the discharge of an official duty, the bureau head and assistant supervisor shall execute a bond payable to the state in an amount and with sureties approved by the governor that is conditioned on the faithful discharge of official duties.
(4) Each bureau head and assistant supervisor shall take and subscribe an oath, which shall be endorsed upon the official bond. The bond and oath when executed shall be filed in the office of the secretary of state.
[Pre-1992 Revision Citation: 12-1-2-7.]
As added by P.L.2-1992, SEC.7.
2023 Indiana Code › Title 12. Human Services › Article 13. Division of Family Resources › Chapter 6. Creation of Bureaus and Bureau Responsibilities › 12-13-6-3. Youth Development Bureau Responsibilities

Sec. 3. The youth development bureau shall plan, fund, and coordinate programs and services for children and youth that promote optimal functioning. Specific responsibilities include the following:
(1) Coordinating services, activities, and programs with other agencies or divisions that provide services to children with emotional disturbances.
(2) Serving as a link with local schools to participate in the planning for services funded by the department of education's educational opportunities for at-risk students program.
(3) Providing collaboration and assistance to school health programs, comprehensive health curricula, and school health clinics in promoting maximization of a youth's physical, social, mental, vocational, and emotional potential.
(4) Planning and administering community based programs and services in conjunction with child advocacy, community education, and information and referral sources for the prevention of juvenile delinquency.
(5) Facilitating the planned and efficient movement of students with disabilities from a secondary school to a postsecondary educational institution or employment.
[Pre-1992 Revision Citation: 12-1-2-6 part.]
As added by P.L.2-1992, SEC.7. Amended by P.L.2-2007, SEC.156.
2023 Indiana Code › Title 12. Human Services › Article 13. Division of Family Resources › Chapter 7. Administration of Money › 12-13-7-1. Grants, Funds, and Other Money Administered

Sec. 1. The office of the secretary shall administer the following:
(1) The Child Care and Development Block Grant under 42 U.S.C. 9858 et seq.
(2) The federal Food Stamp Program under 7 U.S.C. 2011 et seq.
(3) Title IV-A of the federal Social Security Act.
(4) Any other funding source:
(A) designated by the general assembly; or
(B) available from the federal government under grants that are consistent with the duties of the division.
[Pre-1992 Revision Citations: subdivision (1) formerly 12-1-2-3.1(18); subdivision (2) formerly 12-1-2-3.1(19); subdivision (3) formerly 12-1-2-3.1(20); subdivision (4) formerly 12-1-2-3.1(21); subdivision (5) formerly 12-1-2-6.1 part; subdivision (6) formerly 12-1-2-3.2 part; subdivision (7) formerly 12-1-2-3.2 part; subdivision (8) formerly 12-1-2-3.4 part; subdivision (9) formerly 12-3-24-2 part; 1992 Revision Citation: subdivision (10) New; subdivision (11) New.]
As added by P.L.2-1992, SEC.7. Amended by P.L.2-2005, SEC.46; P.L.234-2005, SEC.24; P.L.181-2006, SEC.54; P.L.130-2009, SEC.18; P.L.39-2015, SEC.9.
2023 Indiana Code › Title 12. Human Services › Article 13. Division of Family Resources › Chapter 7. Administration of Money › 12-13-7-2. Division as Single State Agency Responsible for Administering Certain Grants, Funds, and Programs

Sec. 2. The office of the secretary is the single state agency responsible for administering the following:
(1) The Child Care and Development Block Grant under 42 U.S.C. 9858 et seq. The office of the secretary shall apply to the United States Department of Health and Human Services for a grant under the Child Care Development Block Grant.
(2) SNAP.
[Pre-1992 Revision Citations: subdivision (1) formerly 12-1-2-6.1 part; subdivision (2) formerly 12-1-2-3.2 part; subdivision (3) formerly 12-1-2-3.2 part; subdivision (4) formerly 12-1-2-3.3 part; subdivision (5) formerly 12-3-24-2 part.]
As added by P.L.2-1992, SEC.7. Amended by P.L.2-2005, SEC.47; P.L.234-2005, SEC.25; P.L.39-2015, SEC.10; P.L.210-2015, SEC.34.
2023 Indiana Code › Title 12. Human Services › Article 13. Division of Family Resources › Chapter 7. Administration of Money › 12-13-7-3. Social Security Act and Regulations; Acceptance and Compliance

Sec. 3. (a) The state accepts all of the provisions and benefits of the federal Social Security Act and regulations adopted under the federal Social Security Act.
(b) The division and the county offices may administer and shall observe and comply with all of the requirements of the federal Social Security Act and regulations issued under the federal Social Security Act.
[Pre-1992 Revision Citation: 12-1-2-12.]
As added by P.L.2-1992, SEC.7. Amended by P.L.4-1993, SEC.54; P.L.5-1993, SEC.67.