reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 12. Human Services › Article 29. Financing Local Programs › Chapter 2. Community Mental Health Centers › 12-29-2-8. Repealed

[Pre-1992 Revision Citation: 16-16-1-9(a) part.]
As added by P.L.2-1992, SEC.23. Repealed by P.L.37-1998, SEC.1.
2023 Indiana Code › Title 12. Human Services › Article 29. Financing Local Programs › Chapter 2. Community Mental Health Centers › 12-29-2-9. Repealed

[Pre-1992 Revision Citation: 16-16-1-9(a) part.]
As added by P.L.2-1992, SEC.23. Repealed by P.L.37-1998, SEC.1.
2023 Indiana Code › Title 12. Human Services › Article 29. Financing Local Programs › Chapter 2. Community Mental Health Centers › 12-29-2-10. Repealed

[Pre-1992 Revision Citation: 16-16-1-9(a) part.]
As added by P.L.2-1992, SEC.23. Repealed by P.L.37-1998, SEC.1.
2023 Indiana Code › Title 12. Human Services › Article 29. Financing Local Programs › Chapter 2. Community Mental Health Centers › 12-29-2-11. Repealed

[Pre-1992 Revision Citation: 16-16-1-9(a) part.]
As added by P.L.2-1992, SEC.23. Repealed by P.L.37-1998, SEC.1.
2023 Indiana Code › Title 12. Human Services › Article 29. Financing Local Programs › Chapter 2. Community Mental Health Centers › 12-29-2-13. Lake County; Additional Funding of Centers; Property Tax Levy Increase; Requirements

Sec. 13. (a) This section applies to Lake County.
(b) In addition to any other appropriation under this article, the county annually may fund each center serving the county from the county's general fund in an amount not exceeding the following:
(1) For 2004, the product of the amount determined under section 2(b)(1) of this chapter multiplied by seven hundred fifty-two thousandths (0.752).
(2) For 2005 and each year thereafter, the product of the amount determined under section 2(b)(2) of this chapter for that year multiplied by seven hundred fifty-two thousandths (0.752).
(c) The receipts from the tax levied under this section shall be used for the leasing, purchasing, constructing, or operating of facilities for community based residential programs (as defined in IC 12-7-2-40) for individuals with a mental illness
(d) Money appropriated under this section must be:
(1) budgeted under IC 6-1.1-17; and
(2) included in the center's budget submitted to the division of mental health and addiction.
(e) Permission for a levy increase in excess of the levy limitations may be ordered under IC 6-1.1-18.5-15 only if the levy increase is approved by the division of mental health and addiction for a community mental health center.
[Pre-1992 Revision Citation: 16-16-1-6.5.]
As added by P.L.2-1992, SEC.23. Amended by P.L.40-1994, SEC.64; P.L.6-1995, SEC.36; P.L.6-1997, SEC.153; P.L.215-2001, SEC.80; P.L.78-2004, SEC.17; P.L.99-2007, SEC.151; P.L.143-2011, SEC.30.
2023 Indiana Code › Title 12. Human Services › Article 29. Financing Local Programs › Chapter 2. Community Mental Health Centers › 12-29-2-14. Operation by Uncertified Entity; Investigations; Penalties

Sec. 14. (a) An entity may not:
(1) hold itself out to be a community mental health center; or
(2) use the term "community mental health center";
unless the entity is certified by the division of mental health and addiction.
(b) The division of mental health and addiction shall investigate a report that an entity is operating as a community mental health center without the approval of the division of mental health and addiction and report the division's findings to the attorney general.
(c) Upon receiving a report made under subsection (b), the attorney general may do the following:
(1) Seek the issuance of a search warrant to assist in the investigation.
(2) File an action for injunctive relief to stop the operation of the entity that is the subject of the report if there is reasonable cause to believe that the entity is operating without the required approval of the division of mental health and addiction.
(3) File an action for injunctive relief to stop the entity that is the subject of the report from using the term "community mental health center".
(4) Seek in a civil action a civil penalty of not more than one hundred dollars ($100) a day for each day an entity is operating without the required approval of the division of mental health and addiction.
(d) An opportunity for an informal meeting with the division of mental health and addiction must be provided after the injunctive relief is ordered.
(e) The civil penalties collected under this section must be deposited in the state general fund.
As added by P.L.111-1997, SEC.6. Amended by P.L.215-2001, SEC.81; P.L.201-2023, SEC.142.
2023 Indiana Code › Title 12. Human Services › Article 29. Financing Local Programs › Chapter 2. Community Mental Health Centers › 12-29-2-17. Issuing County Bonds for Construction, Equipment, or Improvement

Sec. 17. (a) Bonds of a county may be issued for the construction and equipment or the improvement of a building to house a community mental health center.
(b) If services are provided to at least two (2) counties:
(1) bonds of the counties involved may be issued to pay the proportionate cost of the project in the proportion determined and agreed upon by the fiscal bodies of the counties involved; or
(2) bonds of one (1) county may be issued and the remaining counties may annually appropriate to the county issuing the bonds amounts to be applied to the payment of the bonds and interest on the bonds in the proportion agreed upon by the county fiscal bodies of the counties involved.
As added by P.L.78-2004, SEC.18.
2023 Indiana Code › Title 12. Human Services › Article 29. Financing Local Programs › Chapter 2. Community Mental Health Centers › 12-29-2-18. Application of All General Statutes Relating to Issuance of Bonds

Sec. 18. All general Indiana statutes relating to the following apply to the issuance of county bonds under this chapter:
(1) The filing of a petition requesting the issuance of bonds.
(2) The giving of notice of the following:
(A) The filing of the petition requesting the issuance of the bonds.
(B) The determination to issue bonds.
(C) A hearing on the appropriation of the proceeds of the bonds.
(3) The right of taxpayers to appear and be heard on the proposed appropriation.
(4) The approval of the appropriation by the department of local government finance.
(5) The right of:
(A) taxpayers and voters to remonstrate against the issuance of bonds in the case of a proposed bond issue described by IC 6-1.1-20-3.1(a); or
(B) voters to vote on the issuance of bonds in the case of a proposed bond issue described by IC 6-1.1-20-3.5(a).
As added by P.L.78-2004, SEC.19. Amended by P.L.219-2007, SEC.97; P.L.146-2008, SEC.420.
2023 Indiana Code › Title 12. Human Services › Article 29. Financing Local Programs › Chapter 2. Community Mental Health Centers › 12-29-2-19. County Property of Building if Bond Issued; Nonapplication of Tax Limitations

Sec. 19. If bonds are issued under this chapter:
(1) the building that is constructed, equipped, or improved with proceeds of the bonds is:
(A) the property of the county issuing the bonds; or
(B) the joint property of the counties involved if the bonds are issued by at least two (2) counties; and
(2) the tax limitations in this chapter do not apply to the levy of taxes to pay the bonds and the interest on the bonds.
As added by P.L.78-2004, SEC.20.
2023 Indiana Code › Title 12. Human Services › Article 29. Financing Local Programs › Chapter 2. Community Mental Health Centers › 12-29-2-20. County Payments; Certification of Federal Financial Participation Eligibility

Sec. 20. (a) Unless otherwise agreed to by the county and the community mental health center, the county payment to the community mental health center shall be paid by the county treasurer to the treasurer of each community mental health center's board of directors at least as frequently as provided in the following:
(1) One-half (1/2) of the county payment to the community mental health center shall be made on the second Monday in July.
(2) One-half (1/2) of the county payment to the community mental health center shall be made on the second Monday in December.
(b) A county making a payment under this section or from other county sources to a community mental health center that qualifies as a community mental health center disproportionate share provider under IC 12-15-16-1 shall certify that the payment represents expenditures eligible for financial participation under 42 U.S.C. 1396b(w)(6)(A) and 42 CFR 433.51. The office shall assist a county in making this certification.
(c) Payments by the county fiscal body must be in the amounts:
(1) determined by sections 2 through 4 of this chapter; and
(2) authorized by sections 1.2 and 13 of this chapter.
As added by P.L.78-2004, SEC.21. Amended by P.L.123-2008, SEC.6; P.L.76-2018, SEC.11.
2023 Indiana Code › Title 12. Human Services › Article 29. Financing Local Programs › Chapter 3. Community Mental Retardation and Other Developmental Disabilities Centers › 12-29-3-1. Repealed

[Pre-1992 Revision Citation: 16-16-1-9(b) part.]
As added by P.L.2-1992, SEC.23. Amended by P.L.4-1993, SEC.219; P.L.5-1993, SEC.232. Repealed by P.L.24-1997, SEC.66.
2023 Indiana Code › Title 12. Human Services › Article 29. Financing Local Programs › Chapter 3. Community Mental Retardation and Other Developmental Disabilities Centers › 12-29-3-2. Repealed

[Pre-1992 Revision Citation: 16-16-1-9(b) part.]
As added by P.L.2-1992, SEC.23. Amended by P.L.4-1993, SEC.220; P.L.5-1993, SEC.233. Repealed by P.L.24-1997, SEC.66.
2023 Indiana Code › Title 12. Human Services › Article 29. Financing Local Programs › Chapter 3. Community Mental Retardation and Other Developmental Disabilities Centers › 12-29-3-3. Repealed

[Pre-1992 Revision Citation: 16-16-1-9(b) part.]
As added by P.L.2-1992, SEC.23. Amended by P.L.4-1993, SEC.221; P.L.5-1993, SEC.234. Repealed by P.L.24-1997, SEC.66.
2023 Indiana Code › Title 12. Human Services › Article 29. Financing Local Programs › Chapter 3. Community Mental Retardation and Other Developmental Disabilities Centers › 12-29-3-4. Repealed

[Pre-1992 Revision Citation: 16-16-1-9(b) part.]
As added by P.L.2-1992, SEC.23. Amended by P.L.4-1993, SEC.222; P.L.5-1993, SEC.235. Repealed by P.L.24-1997, SEC.66.
2023 Indiana Code › Title 12. Human Services › Article 29. Financing Local Programs › Chapter 3. Community Mental Retardation and Other Developmental Disabilities Centers › 12-29-3-5. Repealed

[Pre-1992 Revision Citation: 16-16-1-9(c).]
As added by P.L.2-1992, SEC.23. Amended by P.L.4-1993, SEC.223; P.L.5-1993, SEC.236. Repealed by P.L.24-1997, SEC.66.
2023 Indiana Code › Title 12. Human Services › Article 29. Financing Local Programs › Chapter 3. Community Mental Retardation and Other Developmental Disabilities Centers › 12-29-3-6. Financial Assistance

Sec. 6. (a) As used in this section, "community mental retardation and other developmental disabilities center" means a community center that is:
(1) incorporated under IC 23-7-1.1 (before its repeal August 1, 1991) or IC 23-17;
(2) organized for the purpose of providing services for individuals with an intellectual disability and other individuals with a developmental disability;
(3) approved by the division of disability and rehabilitative services; and
(4) accredited for the services provided by one (1) of the following organizations:
(A) The Commission on Accreditation of Rehabilitation Facilities (CARF), or its successor.
(B) The Council on Quality and Leadership in Supports for People with Disabilities, or its successor.
(C) The Joint Commission on Accreditation of Healthcare Organizations (JCAHO), or its successor.
(D) The National Commission on Quality Assurance, or its successor.
(E) An independent national accreditation organization approved by the secretary.
(b) The county executive of a county may authorize the furnishing of financial assistance to a community mental retardation and other developmental disabilities center serving the county.
(c) Upon the request of the county executive, the county fiscal body may appropriate annually, from the general fund of the county, money to provide financial assistance in an amount not to exceed the amount that could be collected from the annual tax levy of sixty-seven hundredths of one cent ($0.0067) on each one hundred dollars ($100) of taxable property.
[Pre-1992 Revision Citation: subsection (a) formerly 16-16-2-1; subsection (b) formerly 16-16-2-2.]
As added by P.L.2-1992, SEC.23. Amended by P.L.4-1993, SEC.224; P.L.5-1993, SEC.237; P.L.24-1997, SEC.60; P.L.6-1997, SEC.154; P.L.2-1998, SEC.43; P.L.64-2002, SEC.4; P.L.141-2006, SEC.79; P.L.99-2007, SEC.152; P.L.117-2015, SEC.30.
2023 Indiana Code › Title 12. Human Services › Article 29. Financing Local Programs › Chapter 4. Sea 350-2008 Moratorium › 12-29-4-1. "Restricted Rules"

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 following:
(1) The proposed rule published on January 18, 2007, in volume 72 of the Federal Register (relating to 42 CFR, parts 433, 447, and 457).
(2) The final form of the proposed rule described in subdivision (1) as published in volume 72 of the Federal Register on May 29, 2007.
As added by P.L.123-2008, SEC.7.
2023 Indiana Code › Title 12. Human Services › Article 29. Financing Local Programs › Chapter 4. Sea 350-2008 Moratorium › 12-29-4-2. Application of Sea 350-2008

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 Human Services is not extended; and
(2) the restricted rules are implemented.
As added by P.L.123-2008, SEC.7.
2023 Indiana Code › Title 12. Human Services › Article 30. County Homes and Other County Facilities › Chapter 1. General Provisions Concerning County Homes › 12-30-1-0.5. "Board of Commissioners of a County"

Sec. 0.5. As used in this article, "board of commissioners of a county" includes a person delegated by the board under section 7 of this chapter to the extent of the authority delegated by the board to the person for purposes of this article.
As added by P.L.172-2017, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 30. County Homes and Other County Facilities › Chapter 1. General Provisions Concerning County Homes › 12-30-1-1. County Board of Commissioners; Powers and Duties

Sec. 1. The board of commissioners of a county may do the following:
(1) Purchase a tract of real property in the name of the county.
(2) Build, establish, and organize a county home for the indigent on the tract of real property.
(3) Employ a humane and responsible individual who resides in the county, upon the terms and under the restrictions the board of commissioners considers most advantageous to the interests of the county, to take charge of the county home as superintendent.
[Pre-1992 Revision Citation: 12-4-1-1 part.]
As added by P.L.2-1992, SEC.24.
2023 Indiana Code › Title 12. Human Services › Article 30. County Homes and Other County Facilities › Chapter 1. General Provisions Concerning County Homes › 12-30-1-2. Name of Home

Sec. 2. A county home shall be called the "________ County Home". However, the board of commissioners may adopt another name for the county home.
[Pre-1992 Revision Citation: 12-2-1-4(2)(e).]
As added by P.L.2-1992, SEC.24.
2023 Indiana Code › Title 12. Human Services › Article 30. County Homes and Other County Facilities › Chapter 1. General Provisions Concerning County Homes › 12-30-1-3. Joint Action of Boards of Commissioners; Powers

Sec. 3. The boards of commissioners of at least two (2) counties may, by joint action, do the following:
(1) Purchase a tract of real property.
(2) Erect, organize, and operate a county home for the indigent of the counties on the real property.
(3) Continue the joint ownership and operation of the county home as the boards of commissioners desire.
(4) Do other things proper and necessary for the relief and comfort of the indigent within the counties forming the joint ownership that an individual county may do under this chapter.
[Pre-1992 Revision Citation: 12-4-1-1 part.]
As added by P.L.2-1992, SEC.24.
2023 Indiana Code › Title 12. Human Services › Article 30. County Homes and Other County Facilities › Chapter 1. General Provisions Concerning County Homes › 12-30-1-4. Property Tax; Assessment; Limitation

Sec. 4. To raise the amount necessary for the purchase of real property and the erection and furnishing of the buildings for county homes under this chapter, the board of commissioners of a county may assess a tax on property liable to be assessed for raising a county revenue. The assessment may not increase the rates at which the property is assessed by the laws existing when the tax is assessed by more than twenty-five percent (25%).
[Pre-1992 Revision Citation: 12-4-1-2.]
As added by P.L.2-1992, SEC.24.
2023 Indiana Code › Title 12. Human Services › Article 30. County Homes and Other County Facilities › Chapter 1. General Provisions Concerning County Homes › 12-30-1-5. Removal to Home of Permanent Charges to County; Employment and Support; Removal of Permanent Charges to Townships

Sec. 5. (a) A board of commissioners that has established a county home under this chapter:
(1) shall order that all indigent individuals who have become permanent charges on the county be removed to the county home; and
(2) may take the measures for the employment and support of the indigent as the board of commissioners considers advisable.
(b) After a county home is established and an order is issued under subsection (a), the township trustees as administrators of township assistance shall, as indigent individuals become permanent charges to their respective townships, have those individuals removed to the county home.
[Pre-1992 Revision Citation: 12-4-1-3.]
As added by P.L.2-1992, SEC.24. Amended by P.L.73-2005, SEC.154.
2023 Indiana Code › Title 12. Human Services › Article 30. County Homes and Other County Facilities › Chapter 1. General Provisions Concerning County Homes › 12-30-1-6. Discontinuance; Sale or Lease; Contracts With Other Counties or Institutions to Provide Care to Indigent Individuals

Sec. 6. (a) A county home provided by a board of commissioners for the indigent may be discontinued in whole or in part by the board of commissioners, subject to the approval of the county fiscal body. The real and personal property that relates to a discontinued county home and that belongs to the county may be:
(1) sold, leased, or otherwise disposed of, in whole or in part, as real property of the county is sold; or
(2) applied in the manner that is best for the interest of the county and approved by the county fiscal body.
(b) If the county home of a county is discontinued under this section, the board of commissioners of the county may contract with the board of commissioners of the nearest other county that has available accommodations for the maintenance and care of the indigent individuals of the county in the county home of the other county.
(c) A board of commissioners that discontinues a county home under this section may contract with:
(1) a person or corporation that maintains within the county an institution for the care of indigent individuals; or
(2) another agency or private institution located in Indiana that has appropriate facilities and is willing to accept and provide care and maintenance for indigent individuals;
for the maintenance and care of the indigent of the county. The contract may include reasonable terms and conditions that are agreed upon by the board of commissioners and approved by the county fiscal body.
[Pre-1992 Revision Citation: 12-4-1-5.]
As added by P.L.2-1992, SEC.24.
2023 Indiana Code › Title 12. Human Services › Article 30. County Homes and Other County Facilities › Chapter 1. General Provisions Concerning County Homes › 12-30-1-7. Delegation of Duties; Contract for Services; Action Not Constituting Discontinuance

Sec. 7. (a) The board of commissioners of a county may:
(1) delegate the performance of the board's duties under this article; and
(2) contract for the services reasonably required to operate and maintain the county home, including the management of the county home;
on terms and conditions the board finds reasonable and in the best interests of the county.
(b) Any action taken by the board of commissioners of a county under this section does not constitute a discontinuance under section 6 of this chapter as long as the board's actions under this section do not limit the ultimate authority of the board of commissioners over the county home.
As added by P.L.172-2017, SEC.5.
2023 Indiana Code › Title 12. Human Services › Article 30. County Homes and Other County Facilities › Chapter 2. Management and Staffing of County Homes › 12-30-2-1. Superintendent; Term of Office; Removal

Sec. 1. The board of commissioners of each county shall appoint a superintendent of the county home. The superintendent serves for four (4) years from March 1, unless removed for cause under section 5 of this chapter.
[Pre-1992 Revision Citation: 12-4-2-1(a).]
As added by P.L.2-1992, SEC.24.
2023 Indiana Code › Title 12. Human Services › Article 30. County Homes and Other County Facilities › Chapter 2. Management and Staffing of County Homes › 12-30-2-2. Superintendent; Qualifications

Sec. 2. In appointing a superintendent of the county home, the commissioners shall select a reputable citizen of good moral character, kind and humane disposition, and good executive ability, who has had a good education. No consideration other than character, competence, and fitness may be allowed to actuate the commissioners in selecting, continuing, or discharging a superintendent or other officer.
[Pre-1992 Revision Citation: 12-4-2-1(c).]
As added by P.L.2-1992, SEC.24.
2023 Indiana Code › Title 12. Human Services › Article 30. County Homes and Other County Facilities › Chapter 2. Management and Staffing of County Homes › 12-30-2-3. Superintendent; Nepotism

Sec. 3. A relative of a member of the board of commissioners may not be appointed superintendent or employed in any capacity. A relative of the superintendent, except the spouse as assistant, may not be employed in any capacity with the home except by the consent of the board of commissioners.
[Pre-1992 Revision Citation: 12-4-2-1(d).]
As added by P.L.2-1992, SEC.24.
2023 Indiana Code › Title 12. Human Services › Article 30. County Homes and Other County Facilities › Chapter 2. Management and Staffing of County Homes › 12-30-2-4. Superintendent; Bond

Sec. 4. Each superintendent of a county home established and operated under this chapter may, in the manner prescribed by IC 5-4-1, be required to give bond, conditioned upon the faithful discharge of the superintendent's duty.
[Pre-1992 Revision Citation: 12-4-1-4(a).]
As added by P.L.2-1992, SEC.24.
2023 Indiana Code › Title 12. Human Services › Article 30. County Homes and Other County Facilities › Chapter 2. Management and Staffing of County Homes › 12-30-2-5. Superintendent; Removal for Cause; Record; Appeal

Sec. 5. The board of commissioners of a county may remove the superintendent of the county home from office at any time, but only for cause, which must be entered in the record book of the board of commissioners. A superintendent removed from office under this section may appeal the removal action to the circuit court, superior court, or probate court of the county within ten (10) days in the same manner as other appeals are taken from actions of the board of commissioners.
[Pre-1992 Revision Citation: 12-4-2-2 part.]
As added by P.L.2-1992, SEC.24. Amended by P.L.84-2016, SEC.64.
2023 Indiana Code › Title 12. Human Services › Article 30. County Homes and Other County Facilities › Chapter 2. Management and Staffing of County Homes › 12-30-2-6. Superintendent; Salary; Quarters and Board

Sec. 6. Each superintendent appointed under this chapter is entitled to an annual salary, in addition to quarters and board for the superintendent and family in the county home, in an amount fixed by the board of commissioners.
[Pre-1992 Revision Citation: 12-4-2-1(b).]
As added by P.L.2-1992, SEC.24.
2023 Indiana Code › Title 12. Human Services › Article 30. County Homes and Other County Facilities › Chapter 2. Management and Staffing of County Homes › 12-30-2-7. Management Rules; Employees; Number and Compensation

Sec. 7. The board of commissioners of each county shall prescribe rules necessary for the management of the county home. With the advice and assistance of the superintendent of the county home, the board of commissioners shall regulate the number and fix the compensation of the assistants, nurses, attendants, farmers, seamstresses, laborers, and other employees needed for the care and control of the home.
[Pre-1992 Revision Citation: 12-4-2-2 part.]
As added by P.L.2-1992, SEC.24.
2023 Indiana Code › Title 12. Human Services › Article 30. County Homes and Other County Facilities › Chapter 2. Management and Staffing of County Homes › 12-30-2-8. Inspections; Report

Sec. 8. (a) The board of commissioners shall, as a board, visit and inspect the county home at least one (1) time in every three (3) months and enter a report of the board of commissioners' inspection, stating needs and conditions of the institution in the records of the board of commissioners. The report shall be signed by each member of the board of commissioners.
(b) The members of a board of commissioners that has established a county home under this chapter shall, in person, annually inspect the county home with regard to the fitness of the county home in all respects for the object for which the county home was established.
[Pre-1992 Revision Citation: 12-4-2-2 part.]
As added by P.L.2-1992, SEC.24.
2023 Indiana Code › Title 12. Human Services › Article 30. County Homes and Other County Facilities › Chapter 2. Management and Staffing of County Homes › 12-30-2-9. Appointments; Removal of Officer or Employee; Prohibition on Considerations for Employment; Delegation of Duties

Sec. 9. (a) Except as provided in subsection (e), the superintendent of a county home shall appoint the assistants, nurses, farmers, laborers, and other employees needed for the work of the home.
(b) Except as provided in subsection (e), the superintendent may at any time remove and dismiss an officer or employee appointed by the superintendent. The superintendent shall report the removal in writing to the board of commissioners at the next regular meeting.
(c) Except as provided in subsection (e), the superintendent of a county home shall promptly remove an officer or employee who is guilty of drunkenness, profane or abusive language in the presence of the residents, cruelty to the residents, lewdness, or any other offense against Indiana law or against public decency.
(d) The superintendent may not consider political, family, or any other improper influence in appointing or dismissing a subordinate officer or an employee. Considerations of character, merit, and competence are the only reasons for appointment or dismissal.
(e) A person delegated the performance of duties under IC 12-30-1-7 may make an appointment, removal, or dismissal under this section if the person was delegated the authority to do so by the board of commissioners of the county.
[Pre-1992 Revision Citation: 12-4-2-3.]
As added by P.L.2-1992, SEC.24. Amended by P.L.172-2017, SEC.6.
2023 Indiana Code › Title 12. Human Services › Article 30. County Homes and Other County Facilities › Chapter 2. Management and Staffing of County Homes › 12-30-2-10. Management of Home; Best Interests of County; Labor by Residents; Excuse From Labor; Dismissal for Refusing Labor

Sec. 10. (a) The superintendent of the county home shall manage the county home and its farm to the best interests of the county.
(b) The superintendent shall maintain order and discipline and shall assign a reasonable amount of labor to every resident who is able to perform labor. A resident may not be excused from labor except by the superintendent or by the county physician for cause. The excuse of a resident by the physician shall be for a definite time, except in the case of:
(1) residents at least seventy (70) years of age; or
(2) residents suffering from a physical or mental disability that makes the residents unfit for labor;
to whom a permanent excuse may be given by the physician.
(c) A resident who refuses to perform the task assigned by the superintendent may be dismissed from the county home by the superintendent and can only be readmitted within six (6) weeks after dismissal:
(1) with the consent of the superintendent; or
(2) upon an order that is issued by the township trustee as the administrator of township assistance and endorsed by the chairman of the board of commissioners.
[Pre-1992 Revision Citation: 12-4-2-4 part.]
As added by P.L.2-1992, SEC.24. Amended by P.L.73-2005, SEC.155.
2023 Indiana Code › Title 12. Human Services › Article 30. County Homes and Other County Facilities › Chapter 2. Management and Staffing of County Homes › 12-30-2-11. Rules Prescribed by the Board of Commissioners; Suggestions Made by Division; Reports

Sec. 11. The superintendent of a county home shall carefully observe the rules prescribed by the board of commissioners and shall be guided by suggestions that are made by the division of family resources and the county office. The superintendent shall make reports to the board of commissioners when the board of commissioners orders and shall make reports to the division of family resources when directed by the division.
[Pre-1992 Revision Citation: 12-4-2-4 part.]
As added by P.L.2-1992, SEC.24. Amended by P.L.4-1993, SEC.225; P.L.5-1993, SEC.238; P.L.145-2006, SEC.127.
2023 Indiana Code › Title 12. Human Services › Article 30. County Homes and Other County Facilities › Chapter 2. Management and Staffing of County Homes › 12-30-2-12. Biannual Report to Board of Commissioners; Contents

Sec. 12. The superintendent shall make to the board of commissioners a detailed biannual report in writing of the following:
(1) The time and manner of the admission of each indigent individual.
(2) The health and fitness for labor of each resident.
(3) The value of the labor contributed by the residents of the county home.
(4) The expense incurred in the operation of the county home.
[Pre-1992 Revision Citation: 12-4-1-4(b).]
As added by P.L.2-1992, SEC.24.
2023 Indiana Code › Title 12. Human Services › Article 30. County Homes and Other County Facilities › Chapter 2. Management and Staffing of County Homes › 12-30-2-13. Excess Produce; Sales; Proceeds; Deposits; Reports

Sec. 13. (a) If there is produce of the county farm that is not needed for the subsistence of the residents, the superintendent shall report that fact to the board of commissioners. The board of commissioners may order the superintendent to sell the surplus produce in the manner and at the time as to produce the best return of money to the county.
(b) The superintendent shall, after making a sale of surplus produce under this section, collect the money and deposit the money with the county treasurer, who shall give the superintendent a receipt for the amount. The superintendent shall immediately thereafter report the transaction to the county auditor, file with the auditor the treasurer's receipt for the money, and take a quietus from the auditor for the money.
(c) All transactions regarding the sale of surplus products from the county farm shall be reported by the superintendent to the board of commissioners in an open meeting. The following information about the transactions shall be entered upon the board of commissioners' record:
(1) The names of the purchasers.
(2) A description of the articles sold.
(3) The quantity of articles sold.
(4) The date of sale.
(5) The price received.
[Pre-1992 Revision Citation: 12-4-2-6.]
As added by P.L.2-1992, SEC.24.
2023 Indiana Code › Title 12. Human Services › Article 30. County Homes and Other County Facilities › Chapter 2. Management and Staffing of County Homes › 12-30-2-14. Payment of Officers and Employees; Materials and Supplies; Specific Appropriations; Void Agreements

Sec. 14. (a) The authority of a county fiscal body under this chapter to pay officers and employees of county homes and to pay for materials and supplies for county homes is strictly limited to the extent of specific appropriations of money made in advance by the county fiscal body upon estimates furnished.
(b) An obligation or a liability may not be incurred by an officer on behalf of the county unless the obligation or liability is within the appropriation specifically made for the purpose.
(c) An undertaking or agreement contrary to this section is void, and no action may be maintained against the county based upon the undertaking or agreement.
[Pre-1992 Revision Citation: 12-4-2-7.]
As added by P.L.2-1992, SEC.24.
2023 Indiana Code › Title 12. Human Services › Article 30. County Homes and Other County Facilities › Chapter 2. Management and Staffing of County Homes › 12-30-2-15. Itemized Statements of Payments for Medical Services of County Home Residents

Sec. 15. (a) Beginning on July 1, 2004, before the last day of each month, the office of the secretary of family and social services, or the office's designee, shall submit to a county home an itemized statement of a payment for the medical services for a resident of the county home during the previous calendar month, if a resident has given written consent allowing the office to disclose the resident's payment for medical services information to the county home.
(b) The office of the secretary of family and social services, or the office's designee, shall include the following information in the itemized statement:
(1) The patient's name.
(2) The service code for the service provider.
(3) The amount requested by the provider.
(4) The amount paid by the office.
(c) Before July 1, 2004, the office of the secretary of family and social services, or the office's designee, shall maintain a county home's itemized statements so as to allow a county home access to the county home's statements through a secure connection over the Internet.
As added by P.L.246-2003, SEC.1.
2023 Indiana Code › Title 12. Human Services › Article 30. County Homes and Other County Facilities › Chapter 3. County Homes in Certain Counties › 12-30-3-1. Application of Chapter

Sec. 1. This chapter applies to a county having a population of more than two hundred thirty-five thousand (235,000).
[Pre-1992 Revision Citation: 12-4-3-1(a).]
As added by P.L.2-1992, SEC.24.
2023 Indiana Code › Title 12. Human Services › Article 30. County Homes and Other County Facilities › Chapter 3. County Homes in Certain Counties › 12-30-3-2. Establishment of Homes

Sec. 2. (a) The board of commissioners may establish, construct, purchase, lease, convert, or accept and maintain a county home for the support and care of individuals within at least one (1) of the following categories:
(1) The aged.
(2) The blind.
(3) The destitute.
(4) The homeless.
(5) The infirm or chronically ill.
(6) Individuals who need nursing or convalescent care, but not hospitalization, within the available facilities of the county home.
(b) The board of commissioners may use or convert:
(1) the county infirmary;
(2) the county home;
(3) the county farm; or
(4) any other facilities belonging to or received by the county by donation, gift, devise, purchase, lease, or otherwise;
for the purposes set forth in subsection (a).
[Pre-1992 Revision Citation: 12-4-3-1(b).]
As added by P.L.2-1992, SEC.24.
2023 Indiana Code › Title 12. Human Services › Article 30. County Homes and Other County Facilities › Chapter 3. County Homes in Certain Counties › 12-30-3-3. County Home Board; Membership; Qualifications; Term of Office; Vacancies

Sec. 3. (a) A county home board is created in each county that maintains a county home under this chapter.
(b) The county home board consists of seven (7) members who must be residents of the county. The county home board shall be appointed by the board of commissioners, with consent of the county council. The members shall be appointed without regard to political affiliation, except that not more than four (4) members may belong to the same political party.
(c) Each member shall be appointed on the basis of the member's recognized interests in and demonstrated knowledge of the problems of the county home and the proper care and treatment of the county home's patients and residents.
(d) All appointments are for terms of four (4) years and begin on the January 1 immediately after the expiration of the previous term of appointment. A member serves until the member's successor has been appointed and qualified.
(e) A vacancy occurring for any cause in the membership of the county home board shall be filled for the unexpired term by the board of commissioners. The board of commissioners shall make appointments promptly as far as feasible so that the full membership of the county home board shall be appointed and maintained.
[Pre-1992 Revision Citation: 12-4-3-2.]
As added by P.L.2-1992, SEC.24.
2023 Indiana Code › Title 12. Human Services › Article 30. County Homes and Other County Facilities › Chapter 3. County Homes in Certain Counties › 12-30-3-4. County Home Board; Members; Mileage Payments; per Diem

Sec. 4. (a) The members of the county home board serve without salary, but are entitled to receive for each mile actually and necessarily traveled:
(1) within the county in going to and from officially called meetings of the county home board; and
(2) within Indiana in going to and from meetings of the county home board officially called by the division of family resources;
an amount for mileage at a rate determined by the county fiscal body.
(b) A member not holding other lucrative elective or appointive office may receive a per diem allowance of not more than twenty-five dollars ($25) for attendance at any regularly called meeting of the county home board. Per diem allowances may not exceed twenty-five dollars ($25) to any one (1) member in a calendar month and may be paid only if the amount has been made available by appropriation.
[Pre-1992 Revision Citation: 12-4-3-3 part.]
As added by P.L.2-1992, SEC.24. Amended by P.L.10-1997, SEC.17; P.L.145-2006, SEC.128.
2023 Indiana Code › Title 12. Human Services › Article 30. County Homes and Other County Facilities › Chapter 3. County Homes in Certain Counties › 12-30-3-5. County Home Board; Meetings; Quorum

Sec. 5. (a) The county home board shall hold one (1) regular meeting each month and the called meetings prescribed by the rules of the county home board. The regular meeting shall be held at the county home unless the county home board decides to hold the meeting elsewhere for some specific reason. The May meeting is the annual meeting.
(b) Four (4) members of the county home board constitute a quorum for the transaction of business. At the annual meeting, the county home board shall elect a president and a vice president for a term of one (1) year. The president and vice president serve until a successor is elected.
[Pre-1992 Revision Citation: 12-4-3-3 part.]
As added by P.L.2-1992, SEC.24.
2023 Indiana Code › Title 12. Human Services › Article 30. County Homes and Other County Facilities › Chapter 3. County Homes in Certain Counties › 12-30-3-6. County Home Board; Official Seal; Minute Book

Sec. 6. The county home board shall adopt and use an official seal for the authentication of the county home board's orders and records and shall cause the county home board's proceeding to be duly recorded in an official minute book maintained by the secretary of the county home board.
[Pre-1992 Revision Citation: 12-4-3-3 part.]
As added by P.L.2-1992, SEC.24.
2023 Indiana Code › Title 12. Human Services › Article 30. County Homes and Other County Facilities › Chapter 3. County Homes in Certain Counties › 12-30-3-7. County Home Superintendent; Appointment; Qualifications; Removal

Sec. 7. (a) The county home board shall, with the advice and approval of the board of commissioners, appoint a county home superintendent.
(b) The county home superintendent shall be appointed solely on the basis of merit and fitness for the position and without regard to the appointee's political affiliation. The county home superintendent must:
(1) be a citizen of the United States;
(2) be of good executive ability;
(3) be qualified as an institutional administrative officer;
(4) be a reputable citizen of good moral character; and
(5) have had the proper experience and training to manage efficiently the county home and to supervise or provide necessary and proper care and treatment for the county home's patients and residents.
(c) The county home superintendent may be removed from office only for cause, on charges of inefficiency or another proper charge, after a hearing before the county home board.
[Pre-1992 Revision Citation: 12-4-3-4.]
As added by P.L.2-1992, SEC.24.
2023 Indiana Code › Title 12. Human Services › Article 30. County Homes and Other County Facilities › Chapter 3. County Homes in Certain Counties › 12-30-3-8. County Home Superintendent; Duties; Compensation; Mileage Payments; Oath; Bond

Sec. 8. (a) The county home superintendent:
(1) is the executive and administrative officer of the county home;
(2) serves as the secretary of the county home board but is not a voting member of the county home board; and
(3) shall perform all duties and functions of county home superintendent as provided by law under the direction and supervision of the county home board.
(b) A county home superintendent is entitled to compensation as fixed by the county home board within the lawfully established appropriations, which shall be paid monthly in the same manner as the compensation of the county officers as provided by law.
(c) In addition to the compensation referred to in subsection (b), the county home superintendent may receive for each mile actually and necessarily traveled an amount for mileage at a rate determined by the county fiscal body.
(d) Before entering upon the duties of the superintendent's office, the county home superintendent:
(1) shall take the oath of office required by law; and
(2) may, in the manner prescribed by IC 5-4-1, be required to execute a surety bond conditioned on the faithful performance of the superintendent's duties.
[Pre-1992 Revision Citation: 12-4-3-5.]
As added by P.L.2-1992, SEC.24. Amended by P.L.10-1997, SEC.18.
2023 Indiana Code › Title 12. Human Services › Article 30. County Homes and Other County Facilities › Chapter 3. County Homes in Certain Counties › 12-30-3-9. County Home Board; Policies, Rules, and Regulations for Government of Home; Discharge by County Home Superintendent of Administrative Duties

Sec. 9. (a) The county home board shall adopt all policies, rules, and regulations for the government of the county home.
(b) The county home superintendent shall discharge all administrative and executive duties and responsibilities of the county home, subject to the approval of the county home board.
[Pre-1992 Revision Citation: 12-4-3-6 part.]
As added by P.L.2-1992, SEC.24.
2023 Indiana Code › Title 12. Human Services › Article 30. County Homes and Other County Facilities › Chapter 3. County Homes in Certain Counties › 12-30-3-10. County Home Board; Duties

Sec. 10. The county home board shall do the following:
(1) Fix the salaries of the officers and employees of the county home within the lawfully established appropriations.
(2) Supervise the maintenance, operation, and services of the county home.
(3) Supervise and safeguard the health, safety, welfare, and comfort of the patients and residents of the county home.
(4) Review and approve the annual budget of the county home for submission as provided by law.
(5) Adopt rules and regulations for admissions to the county home as provided by law, subject to the approval of the board of commissioners.
(6) Recommend to the board of commissioners necessary additions, repairs, and improvements to the buildings, grounds, and physical plant of the county home.
(7) Review quarterly and annual estimates and requests for food, supplies, and equipment for the county home.
(8) Plan for the requirements of the county home and interpret those requirements to the board of commissioners and the county council.
(9) Cooperate with the county hospital authorities and other public and private agencies and facilities of the county and state.
(10) Improve and extend the services and facilities of the county home as found necessary or desirable, especially nursing services for the aged, blind, infirm, and chronically ill, and those in need of nursing and convalescent care.
[Pre-1992 Revision Citation: 12-4-3-6 part.]
As added by P.L.2-1992, SEC.24.
2023 Indiana Code › Title 12. Human Services › Article 30. County Homes and Other County Facilities › Chapter 3. County Homes in Certain Counties › 12-30-3-11. County Home Board; Development Plan; Cooperation With Other Agencies

Sec. 11. The county home board shall plan for the effective development of the county home for the public benefit and shall be empowered to cooperate with all agencies of government to accomplish this purpose.
[Pre-1992 Revision Citation: 12-4-3-6 part.]
As added by P.L.2-1992, SEC.24.
2023 Indiana Code › Title 12. Human Services › Article 30. County Homes and Other County Facilities › Chapter 3. County Homes in Certain Counties › 12-30-3-12. County Home Board; Inspection of Facilities

Sec. 12. The county home board shall regularly inspect all facilities of the county home. In the inspections, the board shall examine the following:
(1) The sufficiency and performance of the personnel.
(2) The health, medical care, and nursing care of patients and residents.
(3) Drug handling.
(4) Mechanical restraint and seclusion.
(5) Food service and food sanitation.
(6) Water supply.
(7) Sanitation and sewage disposal.
(8) Physical plant and equipment.
(9) Safety standards.
(10) Community life and occupational therapy for patients and residents.
(11) Handling of mail and assistance warrants of patients and residents.
(12) Admission of patients and residents on a voluntary basis.
(13) Records and reports.
(14) Working and living arrangements for staff personnel.
(15) Other items the inspection of which is provided by law or determined to be necessary or advisable by the county home board.
[Pre-1992 Revision Citation: 12-4-3-6 part.]
As added by P.L.2-1992, SEC.24.
2023 Indiana Code › Title 12. Human Services › Article 30. County Homes and Other County Facilities › Chapter 3. County Homes in Certain Counties › 12-30-3-13. County Home Superintendent; Assistants; Appointment; Qualifications; Compensation; Dismissal

Sec. 13. (a) The county home superintendent shall, with the approval of the county home board, appoint as many assistants as the superintendent and the county home board determine to be necessary to do the following:
(1) Administer the activities and services of the county home.
(2) Provide proper and adequate care for patients and residents.
(3) Perform all other duties required of the county.
(b) Assistants must be appointed under this section solely on the basis of qualification and training for the duties assigned and without regard to political affiliation.
(c) The county home superintendent shall, with the approval of the county home board, fix the compensation of the assistants appointed under this section within the lawfully established appropriations.
(d) Assistants appointed under this section may be dismissed only for cause by the county home superintendent with the approval of the county home board. An assistant dismissed under this subsection has the right to a hearing before the county home board if requested within ten (10) days after the effective date of dismissal.
[Pre-1992 Revision Citation: 12-4-3-7.]
As added by P.L.2-1992, SEC.24.