reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 3. Uniform Act for the Extradition of Persons of Unsound Mind › 12-28-3-5. Procedure on Documented Demand for Fugitive; Delivery to Agent of Demanding State; Discharge for Delay; Costs and Expenses; Authority to Transmit Fugitive to Other State; Authority to Demand Return to This State

Sec. 5. (a) Whenever the executive authority of any state demands of the executive authority of Indiana any fugitive described in section 4 of this chapter and produces a copy of commitment, decree, or other judicial process and proceedings, certified as authentic by the governor or chief magistrate of that state, with an affidavit made before a proper officer showing the individual to be a fugitive, the executive authority of Indiana shall cause the individual to be apprehended and secured (if found in Indiana) and to cause immediate notice of the apprehension to be given to the executive authority making the demand (or to the agent of that authority appointed to receive the fugitive) and to cause the fugitive to be delivered to the agent when the fugitive appears.
(b) If no agent appears within thirty (30) days from the time of the apprehension, the fugitive may be discharged.
(c) All costs and expenses incurred in the apprehending, securing, maintaining, and transmitting the fugitive to the state making the demand shall be paid by that state.
(d) Any agent so appointed who receives the fugitive into the agent's custody is empowered to transmit the fugitive to the state from which the fugitive has fled.
(e) The executive authority of Indiana is vested with the power, on the application of any person interested, to demand the return to Indiana of any fugitive described within the scope of this chapter.
[Pre-1992 Revision Citation: 16-13-9-4.]
As added by P.L.2-1992, SEC.22.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 3. Uniform Act for the Extradition of Persons of Unsound Mind › 12-28-3-6. Statute of Limitations

Sec. 6. Any proceedings under this chapter must begin within one (1) year after the flight referred to in this chapter.
[Pre-1992 Revision Citation: 16-13-9-5.]
As added by P.L.2-1992, SEC.22.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 4. Residential Facilities for Individuals With a Developmental Disability or Mental Illness › 12-28-4-1. Application of Chapter

Sec. 1. This chapter applies to residential facilities for individuals with a developmental disability.
[1992 Revision Citation: New.]
As added by P.L.2-1992, SEC.22. Amended by P.L.99-2007, SEC.137; P.L.168-2018, SEC.34.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 4. Residential Facilities for Individuals With a Developmental Disability or Mental Illness › 12-28-4-2. Planning Authority Defined

Sec. 2. As used in this chapter, "planning authority" means the agency of county, city, or town government that performs the planning function under IC 36-7 for the land on which a residential facility may be placed.
[Pre-1992 Revision Citation: 4-28-21-1 part.]
As added by P.L.2-1992, SEC.22.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 4. Residential Facilities for Individuals With a Developmental Disability or Mental Illness › 12-28-4-3. Staffing; Daily Living, Self-Help, and Social Skills Needs of Recipients; Medicaid; Federal Financial Participation

Sec. 3. Residential facilities for individuals with a developmental disability must have sufficient qualified training and habilitation support staff so that the residential facility, regardless of organization or design, has appropriately qualified and adequately trained staff (not necessarily qualified intellectual disability professionals (as defined in 42 CFR 483.430)) to conduct the activities of daily living, self-help, and social skills that are minimally required based on each recipient's needs and, if appropriate, for federal financial participation under the Medicaid program.
[Pre-1992 Revision Citation: 4-28-21-2(a).]
As added by P.L.2-1992, SEC.22. Amended by P.L.99-2007, SEC.138; P.L.7-2015, SEC.39; P.L.117-2015, SEC.24.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 4. Residential Facilities for Individuals With a Developmental Disability or Mental Illness › 12-28-4-4. Staffing Limitations for Facilities Certified for Financial Participation Under Medicaid Program

Sec. 4. For residential facilities for individuals with a developmental disability that are certified for financial participation under the Medicaid program, the division of disability and rehabilitative services shall recommend staffing limitations consistent with the program needs of the residents as a part of the office of Medicaid policy and planning's rate setting procedures.
[Pre-1992 Revision Citation: 4-28-21-2(b) part.]
As added by P.L.2-1992, SEC.22. Amended by P.L.4-1993, SEC.208; P.L.5-1993, SEC.221; P.L.141-2006, SEC.69; P.L.99-2007, SEC.139.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 4. Residential Facilities for Individuals With a Developmental Disability or Mental Illness › 12-28-4-5. Staffing Limitations for Facilities Not Certified for Financial Participation Under Medicaid Program

Sec. 5. For residential facilities for individuals with a developmental disability that are not certified for financial participation under the Medicaid program, the division of disability and rehabilitative services shall approve appropriate staffing limitations consistent with the program needs of the residents as a part of the division's rate setting procedures.
[Pre-1992 Revision Citation: 4-28-21-2(b) part.]
As added by P.L.2-1992, SEC.22. Amended by P.L.4-1993, SEC.209; P.L.5-1993, SEC.222; P.L.141-2006, SEC.70; P.L.99-2007, SEC.140.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 4. Residential Facilities for Individuals With a Developmental Disability or Mental Illness › 12-28-4-6. Staffing Limitations; Memorandum of Agreement

Sec. 6. The office of Medicaid policy and planning and the division of disability and rehabilitative services shall enter into a memorandum of agreement that defines the staffing limitations to be used by the office of Medicaid policy and planning in establishing reimbursement rates. The staffing limitations under section 5 of this chapter may not exceed the staffing limitations defined by the memorandum of agreement between the office of Medicaid policy and planning and the division of disability and rehabilitative services under section 4 of this chapter.
[Pre-1992 Revision Citation: 4-28-21-2(b) part.]
As added by P.L.2-1992, SEC.22. Amended by P.L.4-1993, SEC.210; P.L.5-1993, SEC.223; P.L.141-2006, SEC.71.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 4. Residential Facilities for Individuals With a Developmental Disability or Mental Illness › 12-28-4-7. Zoning Ordinances; Residential Facilities for Individuals With a Mental Illness

Sec. 7. (a) A zoning ordinance (as defined in IC 36-7-1-22) may not exclude a residential facility for individuals with a mental illness from a residential area solely because the residential facility is a business or because the individuals residing in the residential facility are not related. The residential facility may be required to meet all other zoning requirements, ordinances, and laws.
(b) A zoning ordinance may exclude a residential facility for individuals with a mental illness from a residential area if the residential facility will be located within three thousand (3,000) feet of another residential facility for individuals with a mental illness, as measured between lot lines.
[Pre-1992 Revision Citation: 4-28-21-6.]
As added by P.L.2-1992, SEC.22. Amended by P.L.99-2007, SEC.141.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 4. Residential Facilities for Individuals With a Developmental Disability or Mental Illness › 12-28-4-8. Zoning Ordinances; Residential Facilities for Individuals With a Developmental Disability

Sec. 8. (a) A residential facility for individuals with a developmental disability:
(1) for not more than eight (8) individuals with a developmental disability; and
(2) established under a program authorized by IC 12-11-1.1-1(e)(1) or IC 12-11-1.1-1(e)(2);
is a permitted residential use that may not be disallowed by any zoning ordinance (as defined in IC 36-7-1-22) in a zoning district or classification that permits residential use.
(b) A zoning ordinance may only require a residential facility described in subsection (a) to meet the same:
(1) zoning requirements;
(2) developmental standards; and
(3) building codes;
as other residential structures or improvements in the same residential zoning district or classification.
[Pre-1992 Revision Citation: 4-28-21-7.]
As added by P.L.2-1992, SEC.22. Amended by P.L.272-1999, SEC.48; P.L.99-2007, SEC.142.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 4. Residential Facilities for Individuals With a Developmental Disability or Mental Illness › 12-28-4-9. Covenants Created Before April 1, 1988, Restricting Residential Facilities for Persons With a Developmental Disability or Mental Illness

Sec. 9. (a) This section applies to each restriction, reservation, condition, exception, or covenant that is created before April 1, 1988, in any subdivision plat, deed, or other instrument of, or pertaining to, the transfer, sale, lease, or use of property.
(b) A restriction, a reservation, a condition, an exception, or a covenant in a subdivision plat, deed, or other instrument of, or pertaining to, the transfer, sale, lease, or use of property that would permit the residential use of property but prohibit the use of that property as a residential facility for individuals with a developmental disability or individuals with a mental illness:
(1) on the ground that the residential facility is a business;
(2) on the ground that the individuals residing in the residential facility are not related; or
(3) for any other reason;
is, to the extent of the prohibition, void as against the public policy of the state.
[Pre-1992 Revision Citation: 4-28-21-8.]
As added by P.L.2-1992, SEC.22. Amended by P.L.99-2007, SEC.143.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 4. Residential Facilities for Individuals With a Developmental Disability or Mental Illness › 12-28-4-10. Covenants Created on or After April 1, 1988, Restricting Residential Facilities for Persons With a Developmental Disability or Mental Illness

Sec. 10. (a) This section applies to each restriction, reservation, condition, exception, or covenant that is created on or after April 1, 1988, in any subdivision plat, deed, or other instrument of, or pertaining to, the transfer, sale, lease, or use of property.
(b) A restriction, a reservation, a condition, an exception, or a covenant in a subdivision plat, deed, or other instrument of, or pertaining to, the transfer, sale, lease, or use of property that would permit the residential use of property but prohibit the use of that property as a residential facility for individuals with a developmental disability or individuals with a mental illness:
(1) on the ground that the residential facility is a business;
(2) on the ground that the individuals residing in the residential facility are not related; or
(3) for any other reason;
is, to the extent of the prohibition, void as against the public policy of the state.
[Pre-1992 Revision Citation: 4-28-21-9.]
As added by P.L.2-1992, SEC.22. Amended by P.L.99-2007, SEC.144.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 4. Residential Facilities for Individuals With a Developmental Disability or Mental Illness › 12-28-4-11. Repealed

[Pre-1992 Revision Citation: 4-28-21-12(a).]
As added by P.L.2-1992, SEC.22. Amended by P.L.4-1993, SEC.211; P.L.5-1993, SEC.224. Repealed by P.L.6-1995, SEC.39.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 4. Residential Facilities for Individuals With a Developmental Disability or Mental Illness › 12-28-4-12. Establishment of Facilities by Division; Priority Given Counties With Low Ratios of Resident Facility Beds; Recruiting Private Operators

Sec. 12. (a) Subject to the availability of money and consistent with needs assessment, the division of disability and rehabilitative services shall give priority to the establishment of residential facilities, other than the facilities described in section 3 of this chapter, in counties in which the ratio of the number of residential facility beds to county population is in the lowest twenty-five percent (25%) when compared to all other Indiana counties. The division of disability and rehabilitative services may operate residential facilities established under this section.
(b) Before the division of disability and rehabilitative services takes any steps to establish a residential facility under this section, the division shall place at least two (2) legal advertisements in a newspaper having a general circulation in the county. These advertisements must be aimed at recruiting private parties to serve as operators of residential facilities in the county. The advertisements must be published at intervals at least one (1) month apart.
[Pre-1992 Revision Citation: 4-28-21-12(b).]
As added by P.L.2-1992, SEC.22. Amended by P.L.4-1993, SEC.212; P.L.5-1993, SEC.225; P.L.141-2006, SEC.72.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 4. Residential Facilities for Individuals With a Developmental Disability or Mental Illness › 12-28-4-13. Development and Lease Effort

Sec. 13. (a) The division of disability and rehabilitative services may operate a program known as the development and lease effort. Under the program, the division of disability and rehabilitative services may develop contracts under which the state agrees to lease buildings from private parties for use as residential facilities for individuals with a mental illness or individuals with autism or other individuals with a developmental disability. Notwithstanding any other law, each contract may include provisions that ensure the following:
(1) That the state will lease a building for not more than ten (10) years for use as a residential facility for individuals with autism.
(2) That the state will retain the right to extend the term of the lease for not more than ten (10) years at the conclusion of the first ten (10) years.
(3) That the state will retain the right to sublease the building to a person who agrees to operate the building as a residential facility for individuals with autism under this chapter.
(b) Leases entered into under this section are subject to the approval of the Indiana department of administration, the attorney general, the governor, and the budget agency, as provided by law.
[Pre-1992 Revision Citation: 4-28-21-14 part.]
As added by P.L.2-1992, SEC.22. Amended by P.L.4-1993, SEC.213; P.L.5-1993, SEC.226; P.L.141-2006, SEC.73; P.L.99-2007, SEC.145.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 4. Residential Facilities for Individuals With a Developmental Disability or Mental Illness › 12-28-4-14. Rules

Sec. 14. The community residential facilities council may adopt rules under IC 4-22-2 to implement this chapter.
[Pre-1992 Revision Citation: 4-28-21-13.]
As added by P.L.2-1992, SEC.22.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 5. Duties of the Division › 12-28-5-1. Repealed

[Pre-1992 Revision Citation: 4-28-21-1 part.]
As added by P.L.2-1992, SEC.22. Repealed by P.L.229-2011, SEC.273.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 5. Duties of the Division › 12-28-5-2. Repealed

[Pre-1992 Revision Citation: 4-28-21-3(a), (b).]
As added by P.L.2-1992, SEC.22. Amended by P.L.23-1992, SEC.5; P.L.4-1993, SEC.214; P.L.5-1993, SEC.227; P.L.111-1997, SEC.5; P.L.272-1999, SEC.49; P.L.263-2001, SEC.1; P.L.141-2006, SEC.74; P.L.99-2007, SEC.146. Repealed by P.L.229-2011, SEC.273.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 5. Duties of the Division › 12-28-5-3. Repealed

[Pre-1992 Revision Citation: 4-28-21-3(c) part.]
As added by P.L.2-1992, SEC.22. Amended by P.L.23-1992, SEC.6; P.L.263-2001, SEC.2. Repealed by P.L.229-2011, SEC.273.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 5. Duties of the Division › 12-28-5-4. Repealed

[Pre-1992 Revision Citation: 4-28-21-3(c) part.]
As added by P.L.2-1992, SEC.22. Repealed by P.L.229-2011, SEC.273.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 5. Duties of the Division › 12-28-5-5. Repealed

[Pre-1992 Revision Citation: 4-28-21-3(c) part.]
As added by P.L.2-1992, SEC.22. Repealed by P.L.229-2011, SEC.273.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 5. Duties of the Division › 12-28-5-6. Repealed

[Pre-1992 Revision Citation: 4-28-21-3(d) part.]
As added by P.L.2-1992, SEC.22. Amended by P.L.23-1992, SEC.7. Repealed by P.L.229-2011, SEC.273.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 5. Duties of the Division › 12-28-5-7. Repealed

[Pre-1992 Revision Citation: 4-28-21-3(d) part.]
As added by P.L.2-1992, SEC.22. Amended by P.L.23-1992, SEC.8; P.L.263-2001, SEC.3. Repealed by P.L.229-2011, SEC.273.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 5. Duties of the Division › 12-28-5-8. Repealed

[Pre-1992 Revision Citation: 4-28-21-3(d) part.]
As added by P.L.2-1992, SEC.22. Repealed by P.L.229-2011, SEC.273.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 5. Duties of the Division › 12-28-5-9. Repealed

[Pre-1992 Revision Citation: 4-28-21-3(e).]
As added by P.L.2-1992, SEC.22. Repealed by P.L.229-2011, SEC.273.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 5. Duties of the Division › 12-28-5-10. Duties

Sec. 10. The division of disability and rehabilitative services shall do the following:
(1) Determine the current and projected needs of each geographic area of Indiana for residential services for individuals with a developmental disability and, beginning July 1, 2012, annually report the findings to the division of disability and rehabilitative services advisory council established by IC 12-9-4-2.
(2) Determine how the provision of developmental or vocational services for residents in these geographic areas affects the availability of developmental or vocational services to individuals with a developmental disability living in their own homes and, beginning July 1, 2012, report the findings to the division of disability and rehabilitative services advisory council established by IC 12-9-4-2.
(3) Develop standards for licensure of supervised group living facilities regarding the following:
(A) A sanitary and safe environment for residents and employees.
(B) Classification of supervised group living facilities.
(C) Any other matters that will ensure that the residents will receive a residential environment.
(4) Develop standards for the approval of entities providing supported living services.
[Pre-1992 Revision Citation: 4-28-21-4.]
As added by P.L.2-1992, SEC.22. Amended by P.L.23-1992, SEC.9; P.L.2-1993, SEC.116; P.L.4-1993, SEC.215; P.L.5-1993, SEC.228; P.L.6-1995, SEC.29; P.L.255-1996, SEC.8; P.L.263-2001, SEC.4; P.L.141-2006, SEC.75; P.L.99-2007, SEC.147; P.L.197-2011, SEC.45; P.L.229-2011, SEC.149; P.L.6-2012, SEC.99; P.L.210-2015, SEC.62.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 5. Duties of the Division › 12-28-5-11. License Required for Supervised Group Living Facilities

Sec. 11. (a) A supervised group living facility must have a license or provisional license issued under this chapter to operate.
(b) An entity that provides supported living services must be approved by the division under this chapter to operate.
[Pre-1992 Revision Citation: 4-28-21-5(d).]
As added by P.L.2-1992, SEC.22. Amended by P.L.6-1995, SEC.30; P.L.263-2001, SEC.5; P.L.229-2011, SEC.150.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 5. Duties of the Division › 12-28-5-12. Supervised Group Living Facility Entitled to License; Location

Sec. 12. (a) The division may license only those supervised group living facilities that:
(1) meet the standards established under section 10 of this chapter; and
(2) are necessary to provide adequate services to individuals with a developmental disability in that geographic area.
(b) Notwithstanding 460 IAC 9-3-7(c) and 460 IAC 9-3-7(d), the division shall license one (1) supervised group living facility that is located less than one thousand (1,000) feet from another supervised group living facility or a sheltered workshop under the following conditions:
(1) Both of the supervised group living facilities meet all standards for licensure as provided in section 10(3) of this chapter.
(2) Both of the supervised group living facilities are built on land that is owned by one (1) private entity.
(3) The supervised group living facilities provides job opportunities for residents of the supervised group living facilities, as appropriate.
(c) The division may approve an entity to provide supported living services only if the entity meets the standards established under section 10 of this chapter.
[Pre-1992 Revision Citation: 4-28-21-5(a).]
As added by P.L.2-1992, SEC.22. Amended by P.L.6-1995, SEC.31; P.L.255-1996, SEC.9; P.L.6-1998, SEC.1; P.L.263-2001, SEC.6; P.L.170-2002, SEC.83; P.L.99-2007, SEC.148; P.L.229-2011, SEC.151; P.L.210-2015, SEC.63.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 5. Duties of the Division › 12-28-5-13. Revocation of License; Hearing

Sec. 13. The division may revoke:
(1) the license of a supervised group living facility; or
(2) the approval of an entity that provides supported living services;
that no longer meets the standards established under section 10 of this chapter after following the procedures prescribed by IC 4-21.5-3. If a hearing is provided for or authorized to be held by the division, the division may designate a person as its agent or representative to conduct a hearing. The agent or representative shall conduct the hearing under IC 4-21.5-3.
[Pre-1992 Revision Citation: 4-28-21-5(b).]
As added by P.L.2-1992, SEC.22. Amended by P.L.6-1995, SEC.32; P.L.263-2001, SEC.7; P.L.229-2011, SEC.152.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 5. Duties of the Division › 12-28-5-14. Provisional License

Sec. 14. (a) The division may issue a provisional license to a facility that does not qualify for a license under section 12 of this chapter but that provides satisfactory evidence that the facility will qualify within a period prescribed by the division. The period may not exceed six (6) months.
(b) The division may issue provisional approval to an entity providing supported living services that does not qualify for approval under section 12 of this chapter but that provides satisfactory evidence that the entity will qualify within a period prescribed by the division. The period may not exceed six (6) months.
[Pre-1992 Revision Citation: 4-28-21-5(c).]
As added by P.L.2-1992, SEC.22. Amended by P.L.263-2001, SEC.8; P.L.229-2011, SEC.153.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 5. Duties of the Division › 12-28-5-15. Repealed

[Pre-1992 Revision Citation: 4-28-21-10(a).]
As added by P.L.2-1992, SEC.22. Amended by P.L.23-1992, SEC.10; P.L.4-1993, SEC.216; P.L.5-1993, SEC.229; P.L.6-1995, SEC.33; P.L.255-1996, SEC.10; P.L.141-2006, SEC.76. Repealed by P.L.229-2011, SEC.273.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 5. Duties of the Division › 12-28-5-16. Division as Primary State Agency to Plan and Coordinate Programs of Supervised Group Living Facilities and Services

Sec. 16. The division of disability and rehabilitative services is the primary state agency responsible for planning, developing, coordinating, and implementing the plan and program of supervised group living facilities and services, including developmental and vocational services, needed for individuals with a developmental disability residing in those facilities. Other state agencies authorized by law or rule to carry out activities and control money that have a direct bearing upon the provision of supervised group living services shall enter into memoranda of understanding or contracts with the division of disability and rehabilitative services to ensure a coordinated utilization of resources and responsibilities.
[Pre-1992 Revision Citation: 4-28-21-10(b).]
As added by P.L.2-1992, SEC.22. Amended by P.L.4-1993, SEC.217; P.L.5-1993, SEC.230; P.L.6-1995, SEC.34; P.L.141-2006, SEC.77; P.L.99-2007, SEC.149.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 5. Duties of the Division › 12-28-5-17. Inspection of Facilities

Sec. 17. The inspection of a facility to determine its compliance with state licensure standards shall be conducted, to the extent feasible, at the same time as the inspection to determine its compliance with federal standards.
[Pre-1992 Revision Citation: 4-28-21-11.]
As added by P.L.2-1992, SEC.22.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 5. Duties of the Division › 12-28-5-18. Repealed

As added by P.L.23-1992, SEC.11. Amended by P.L.6-1995, SEC.35. Repealed by P.L.111-1997, SEC.9.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 5. Duties of the Division › 12-28-5-18.5. Increase of Reimbursement Rate for Services Provided Under a Waiver for State Fiscal Years 2015 and 2016; Amount of Increase

Sec. 18.5. (a) The division of disability and rehabilitative services shall increase the reimbursement rate for services provided to an individual who receives services:
(1) under a waiver under the federal home and community based services program; and
(2) of greater than thirty-five (35) hours per week.
(b) The amount of the increase in the reimbursement rate described in subsection (a) shall be as follows:
(1) For the state fiscal year beginning July 1, 2015, and ending June 30, 2016, the reimbursement rate shall be increased by an amount equal to:
(A) the reimbursement rate in effect on June 30, 2015; multiplied by
(B) two and one-half percent (2.5%).
(2) For the state fiscal year beginning July 1, 2016, and ending June 30, 2017, the reimbursement rate shall be increased by an amount equal to:
(A) the reimbursement rate in effect on June 30, 2015; multiplied by
(B) five percent (5%).
(c) For purposes of this section, the division of disability and rehabilitative services shall use the daily service hour grid in 460 IAC 13-5-2 multiplied by the number of days in the state fiscal year to establish the annual Residential Habilitation and Support (Level 2) hours for each individual. The annual hours times the restored Residential Habilitation and Support (Level 2) hourly rate shall establish the maximum annual Residential Habilitation and Support (Level 2) funding allocation for the individual regardless of whether the Residential Habilitation and Support (Level 2) are authorized and paid on a per unit or per day basis, except in those cases where the division approves a budget modification request to increase the annual allocation for Residential Habilitation and Support (Level 2) under 460 IAC 13-3-5.
As added by P.L.213-2015, SEC.137.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 5. Duties of the Division › 12-28-5-19. Rules to Implement Chapter

Sec. 19. (a) The division may adopt rules under IC 4-22-2 to implement this chapter.
(b) After June 30, 2011, rules of the former community residential facilities council (repealed) are considered rules of the division.
As added by P.L.23-1992, SEC.12. Amended by P.L.229-2011, SEC.154.
2023 Indiana Code › Title 12. Human Services › Article 29. Financing Local Programs › Chapter 1. Community Centers; General Provisions › 12-29-1-0.3. Compliance With p.l.78-2004; Certification of Budgets, Tax Rates, Tax Levies; Additional Shortfall Property Tax Levies and Additional Budgeted Amounts; Treatment of Shortfall Levies

Sec. 0.3. (a) If the department of local government finance determines that compliance with P.L.78-2004 would cause an unreasonable delay in the certification of budgets, tax rates, and tax levies in a county, the department of local government finance may certify budgets, tax rates, and tax levies for the county under IC 6-1.1-18-12, this chapter, and IC 12-29-2 as if P.L.78-2004 had not been enacted. However, if the department of local government finance takes this action, the affected county and the department of local government finance shall provide for an additional shortfall property tax levy and an additional budgeted amount in 2005 to replace the revenue lost in 2004 to community mental health centers as a result of certifying budgets, tax rates, and tax levies for the county under IC 6-1.1-18-12, this chapter, and IC 12-29-2 as if P.L.78-2004 had not been passed.
(b) The amount of the shortfall levy under subsection (a) shall be treated as an addition to the amount allowed in 2005 under IC 12-29-2, as amended by P.L.78-2004. The ad valorem property tax levy limits imposed by IC 12-29-2, as amended by P.L.78-2004, do not apply to ad valorem property taxes imposed under subsection (a). The shortfall levy imposed under this section may not be considered in computing ad valorem property tax levies under IC 12-29-2, as amended by P.L.78-2004, for property taxes first due and payable after 2005.
As added by P.L.220-2011, SEC.275.
2023 Indiana Code › Title 12. Human Services › Article 29. Financing Local Programs › Chapter 1. Community Centers; General Provisions › 12-29-1-1. County Financial Assistance; Purposes; Maximum Appropriation; Authorization

Sec. 1. (a) The county executive of a county may authorize the furnishing of financial assistance to a community intellectual disability and other developmental disabilities center that is located or will be located in the county.
(b) Assistance authorized under this section shall be used for the following purposes:
(1) Constructing a center.
(2) Operating a center.
(c) Upon request of the county executive, the county fiscal body may appropriate annually from the county's general fund the money to provide financial assistance for the purposes described in subsection (b). For property taxes first due and payable before January 1, 2017, the appropriation may not exceed the amount that could be collected from an annual tax levy of not more than three and thirty-three hundredths cents ($0.0333) on each one hundred dollars ($100) of taxable property within the county.
(d) For property taxes first due and payable after December 31, 2016, the maximum allowable appropriation for the purposes described in subsection (b) is equal to the result of:
(1) the maximum allowable appropriation by the county for the preceding year; multiplied by
(2) the maximum levy growth quotient determined under IC 6-1.1-18.5-2 for the year.
(e) For purposes of this subsection, "first calendar year" refers to the first calendar year after 2008 in which the county imposes an ad valorem property tax levy for the county general fund to provide financial assistance under this chapter. If a county did not provide financial assistance under this chapter in 2008, the county for a following calendar year:
(1) may propose a financial assistance budget; and
(2) shall refer its proposed financial assistance budget for the first calendar year to the department of local government finance before the tax levy is advertised.
The ad valorem property tax levy to fund the budget for the first calendar year is subject to review and approval under IC 6-1.1-18.5-10.
[Pre-1992 Revision Citation: 16-16-1-2.]
As added by P.L.2-1992, SEC.23. Amended by P.L.6-1997, SEC.149; P.L.78-2004, SEC.10; P.L.182-2009(ss), SEC.299; P.L.117-2015, SEC.25; P.L.184-2016, SEC.23; P.L.159-2020, SEC.57.
2023 Indiana Code › Title 12. Human Services › Article 29. Financing Local Programs › Chapter 1. Community Centers; General Provisions › 12-29-1-2. Center Providing Services to at Least Two Counties; Maximum Appropriation; Authorization

Sec. 2. (a) If a community intellectual disability and other developmental disabilities center is organized to provide services to at least two (2) counties, the county executive of each county may authorize the furnishing of financial assistance for the purposes described in section 1(b) of this chapter.
(b) Upon the request of the county executive of the county, the county fiscal body of each county may appropriate annually from the county's general fund the money to provide financial assistance for the purposes described in section 1(b) of this chapter. For property taxes first due and payable before January 1, 2017, the appropriation of each county may not exceed the amount that could be collected from an annual tax levy of three and thirty-three hundredths cents ($0.0333) on each one hundred dollars ($100) of taxable property within the county.
(c) For property taxes first due and payable after December 31, 2016, the maximum allowable appropriation by each county for the purposes described in section 1(b) of this chapter is equal to the result of:
(1) the maximum allowable appropriation by the county for the preceding year; multiplied by
(2) the maximum levy growth quotient determined under IC 6-1.1-18.5-2 for the year.
[Pre-1992 Revision Citation: 16-16-1-3.]
As added by P.L.2-1992, SEC.23. Amended by P.L.6-1997, SEC.150; P.L.78-2004, SEC.11; P.L.117-2015, SEC.26; P.L.184-2016, SEC.24; P.L.159-2020, SEC.58.
2023 Indiana Code › Title 12. Human Services › Article 29. Financing Local Programs › Chapter 1. Community Centers; General Provisions › 12-29-1-3. Furnishing of a Share of Financial Assistance by Each County Receiving Services From a Center; Conditions; Maximum Appropriation; Authorization

Sec. 3. (a) The county executive of each county whose residents may receive services from a community intellectual disability and other developmental disabilities center may authorize the furnishing of a share of financial assistance for the purposes described in section 1(b) of this chapter if the following conditions are met:
(1) The facilities for the center are located in a state adjacent to Indiana.
(2) The center is organized to provide services to Indiana residents.
(b) Upon the request of the county executive of a county, the county fiscal body of the county may appropriate annually from the county's general fund the money to provide financial assistance for the purposes described in section 1(b) of this chapter. For property taxes first due and payable before January 1, 2017, the appropriations of the county may not exceed the amount that could be collected from an annual tax levy of three and thirty-three hundredths cents ($0.0333) on each one hundred dollars ($100) of taxable property within the county.
(c) For property taxes first due and payable after December 31, 2016, the maximum allowable appropriation by the county for the purposes described in section 1(b) of this chapter is equal to the result of:
(1) the maximum allowable appropriation by the county for the preceding year; multiplied by
(2) the maximum levy growth quotient determined under IC 6-1.1-18.5-2 for the year.
[Pre-1992 Revision Citation: 16-16-1-4.]
As added by P.L.2-1992, SEC.23. Amended by P.L.6-1997, SEC.151; P.L.78-2004, SEC.12; P.L.117-2015, SEC.27; P.L.184-2016, SEC.25; P.L.159-2020, SEC.59.
2023 Indiana Code › Title 12. Human Services › Article 29. Financing Local Programs › Chapter 1. Community Centers; General Provisions › 12-29-1-3.5. Estimate of Maximum Allowable Appropriation

Sec. 3.5. Before July 15, 2016, and before July 15 of each year thereafter, the department of local government finance shall provide to counties an estimate of the maximum allowable appropriation under section 1, 2, or 3 of this chapter (as applicable) for the ensuing year.
As added by P.L.184-2016, SEC.26.
2023 Indiana Code › Title 12. Human Services › Article 29. Financing Local Programs › Chapter 1. Community Centers; General Provisions › 12-29-1-4. County Bonds; Issuance for Constructing, Equipping, or Improving Center Buildings; Payment of Proportionate Cost of Project

Sec. 4. (a) Bonds of a county may be issued for the construction and equipment or the improvement of a building to house a community intellectual disability and other developmental disabilities 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.
[Pre-1992 Revision Citation: 16-16-1-5 part.]
As added by P.L.2-1992, SEC.23. Amended by P.L.78-2004, SEC.13; P.L.117-2015, SEC.28.
2023 Indiana Code › Title 12. Human Services › Article 29. Financing Local Programs › Chapter 1. Community Centers; General Provisions › 12-29-1-5. County Bonds; Issuance; Application of All Indiana Statutes

Sec. 5. 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 (before January 1, 2009).
(5) Before July 1, 2008, the right of taxpayers and voters to remonstrate against the issuance of bonds.
(6) After June 30, 2008:
(A) the right of 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).
[Pre-1992 Revision Citation: 16-16-1-5 part.]
As added by P.L.2-1992, SEC.23. Amended by P.L.90-2002, SEC.365; P.L.219-2007, SEC.96; P.L.224-2007, SEC.101; P.L.3-2008, SEC.99; P.L.146-2008, SEC.419.
2023 Indiana Code › Title 12. Human Services › Article 29. Financing Local Programs › Chapter 1. Community Centers; General Provisions › 12-29-1-6. Center Building the Property of County or Counties Issuing Bonds; Tax Limitations in Ic 12-29-1-1 and Ic 12-29-1-2 Not Applicable

Sec. 6. 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 sections 1 and 2 of this chapter do not apply to the levy of taxes to pay the bonds and the interest on the bonds.
[Pre-1992 Revision Citation: 16-16-1-5 part.]
As added by P.L.2-1992, SEC.23.
2023 Indiana Code › Title 12. Human Services › Article 29. Financing Local Programs › Chapter 1. Community Centers; General Provisions › 12-29-1-7. Certification by County Auditor of Amounts of Money to Be Paid to Centers; Payments; Requisites; Certification by County That Payment Represents Expenditures Eligible for Financial Participation

Sec. 7. (a) On the first Monday in October, the county auditor shall certify to:
(1) the division of disability and rehabilitative services, for a community intellectual disability and other developmental disabilities center; and
(2) the president of the board of directors of each center;
the amount of money that will be provided to the center under this chapter.
(b) The county payment to the center shall be paid by the county treasurer to the treasurer of each center's board of directors in the following manner:
(1) One-half (1/2) of the county payment to the center shall be made on the second Monday in July.
(2) One-half (1/2) of the county payment to the center shall be made on the second Monday in December.
(c) Payments by the county fiscal body are in place of grants from agencies supported within the county solely by county tax money.
[Pre-1992 Revision Citation: 16-16-1-8.]
As added by P.L.2-1992, SEC.23. Amended by P.L.4-1993, SEC.218; P.L.5-1993, SEC.231; P.L.126-1998, SEC.20; P.L.113-2000, SEC.20; P.L.215-2001, SEC.78; P.L.78-2004, SEC.14; P.L.141-2006, SEC.78; P.L.117-2015, SEC.29.
2023 Indiana Code › Title 12. Human Services › Article 29. Financing Local Programs › Chapter 2. Community Mental Health Centers › 12-29-2-1. Application of Chapter

Sec. 1. This chapter applies only to the state and local funding of a program of services for individuals with a mental illness that is designated as a community mental health center by the division of mental health and addiction in the division's approval of the program.
[Pre-1992 Revision Citation: 16-16-1-6(a).]
As added by P.L.2-1992, SEC.23. Amended by P.L.215-2001, SEC.79; P.L.99-2007, SEC.150; P.L.76-2018, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 29. Financing Local Programs › Chapter 2. Community Mental Health Centers › 12-29-2-1.2. County Financial Assistance for Community Mental Health Centers; Purposes; Appropriation

Sec. 1.2. (a) The county executive of a county may authorize the furnishing of financial assistance for the purposes described in subsection (b) to a community mental health center that is located or will be located:
(1) in the county;
(2) anywhere in Indiana, if the community mental health center is organized to provide services to at least two (2) counties, including the county executive's county; or
(3) in an adjacent state, if the center is organized to provide services to Indiana residents, including residents in the county executive's county.
If a community mental health center is organized to serve more than one (1) county, upon request of the county executive, each county fiscal body may appropriate money annually from the county's general fund to provide financial assistance for the community mental health center.
(b) Assistance authorized under this section shall be used for the following purposes:
(1) Constructing a community mental health center.
(2) Operating a community mental health center.
(c) The appropriation from a county authorized under subsection (a) may not exceed the product of the amount determined under section 2(b)(2) of this chapter for that year multiplied by one and five hundred four thousandths (1.504).
(d) For purposes of this subsection, "first calendar year" refers to the first calendar year after 2008 in which the county imposes an ad valorem property tax levy for the county general fund to provide financial assistance under this chapter. If a county did not provide financial assistance under this chapter in 2008, the county, for a following calendar year:
(1) may propose a financial assistance budget; and
(2) shall refer its proposed financial assistance budget for the first calendar year to the department of local government finance before the tax levy is advertised.
The ad valorem property tax levy to fund the budget for the first calendar year is subject to review and approval under IC 6-1.1-18.5-10.
As added by P.L.78-2004, SEC.15. Amended by P.L.182-2009(ss), SEC.300.
2023 Indiana Code › Title 12. Human Services › Article 29. Financing Local Programs › Chapter 2. Community Mental Health Centers › 12-29-2-1.5. Nonfederal Share of Medical Assistance Payments

Sec. 1.5. For purposes of the required nonfederal share of medical assistance payments under Title XIX of the federal Social Security Act (42 U.S.C. 1396 et seq.), a community mental health center is a governmental unit.
As added by P.L.127-2020, SEC.7.
2023 Indiana Code › Title 12. Human Services › Article 29. Financing Local Programs › Chapter 2. Community Mental Health Centers › 12-29-2-4. Maximum Appropriation; Allotment to Each Center; Determination

Sec. 4. The amount derived from the calculation under section 2(b) of this chapter or, in the case of Marion County for calendar year 2019, calendar year 2020, and calendar year 2021, the calculation under section 2(c) of this chapter represents the combined maximum appropriation to all centers serving the particular county. The allotment to each center shall be apportioned according to the proportion of:
(1) the county's population residing in the primary service area of each center that is certified by the division of mental health and addiction to serve the county; to
(2) the total population of the county.
[Pre-1992 Revision Citation: 16-16-1-6(d).]
As added by P.L.2-1992, SEC.23. Amended by P.L.79-2002, SEC.3; P.L.76-2018, SEC.7.
2023 Indiana Code › Title 12. Human Services › Article 29. Financing Local Programs › Chapter 2. Community Mental Health Centers › 12-29-2-5. Repealed

[Pre-1992 Revision Citation: 16-16-1-6(e).]
As added by P.L.2-1992, SEC.23. Amended by P.L.40-1994, SEC.63; P.L.1-2004, SEC.55 and P.L.23-2004, SEC.57. Repealed by P.L.76-2018, SEC.8.
2023 Indiana Code › Title 12. Human Services › Article 29. Financing Local Programs › Chapter 2. Community Mental Health Centers › 12-29-2-7. Appropriation

Sec. 7. The county fiscal body shall appropriate and approve the money necessary to carry out this chapter.
[Pre-1992 Revision Citation: 16-16-1-7.]
As added by P.L.2-1992, SEC.23.