reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 10 - Emergency Shelter Care Children's Homes and Child Caring Institutions › Section 10-79 - Maintenance and safety

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 79.
(a) The
				buildings and premises of each child caring institution shall at all times be
				maintained in a clean, safe, and sanitary condition and in a good state of
				repair.
(b) The child caring
				institution shall maintain the following safety precautions:
(1) Keep poisons and harmful chemicals under
				lock.
(2) Store other hazardous
				materials and equipment including cleaning supplies, polishes, bleaches,
				detergents, matches, and tools in a place locked to children.
(3) Prohibit the storage and use of firearms
				on the property.
(4) Provide adult
				supervision whenever power equipment is being used by children.
(5) Maintain or repair outdoor play space and
				grounds of the child caring institution and keep free from observable
				hazards.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 10 - Emergency Shelter Care Children's Homes and Child Caring Institutions › Section 10-80 - SBH requirements; water supply and water treatment

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 80.
(a) An
				adequate water supply of a safe, sanitary quality shall be obtained from a
				water source or system approved by the SBH.
(b) Connection to a public water supply is
				required when available within a reasonable distance, not to exceed three
				hundred (300) feet.
(c) If a
				private well is used, water shall be potable and of adequate quantity. The well
				shall meet the construction standards under 410 IAC 6-10 and shall be approved
				by the SBH.
(d) The construction of
				a new water well or major alterations to an existing well shall be approved by
				the SBH.
(e) Drinking water shall
				be available to the children at all times.
(f) If drinking fountains are provided, they
				shall be of the sanitary type with guarded angular stream drinking fountain
				heads and shall be so constructed and located as to be accessible for use by
				the children at all times but shall not be located in a bathroom.
(g) If drinking fountains are not provided,
				individual single service cups shall be provided in a sanitary dispenser and
				used only once.
(h) All plumbing
				fixtures shall discharge into a public sanitary sewer whenever available within
				a reasonable distance, not to exceed three hundred (300) feet, or whenever soil
				conditions prohibit the construction of an adequate on-site system.
(i) Where a municipal sewage treatment system
				is not available and a private system is used, the sewage treatment system
				shall meet the requirements of 410 IAC 6-10 and shall be approved by the
				SBH.
(j) New plumbing equipment
				shall meet the requirements of the SBH and shall be approved by that agency.
Transferred from the Division of Family Resources ( 470
					 IAC 3-12-80 ) to the Department of Child Services ( 465 IAC 2-10-80 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 10 - Emergency Shelter Care Children's Homes and Child Caring Institutions › Section 10-81 - Bath, toilet facilities, and ventilation

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 81.
(a) All
				bathing and handwashing facilities for children shall be provided with hot and
				cold running water. The child caring institution shall use automatic hot water
				control valves that maintain the hot water temperature at the point of use
				between one hundred degrees Fahrenheit (100°F) and one hundred twenty
				degrees Fahrenheit (120°F).
(b)
				The institution shall provide separate bathrooms for boys and girls.
(c) The institution shall provide at least
				one (1) wash basin for every four (4) children.
(d) The institution shall provide at least
				one (1) flush toilet for every eight (8) children, with partitions between
				individual toilets and private screening in front of the toilets.
(e) The institution shall provide at least
				the following:
(1) One (1) bath tub or shower
				for every eight (8) children.
(2) A
				minimum of one (1) bath tub as may be needed for medical reasons.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 10 - Emergency Shelter Care Children's Homes and Child Caring Institutions › Section 10-82 - Swimming pools

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 82.
(a)
				Swimming pools shall be constructed in accordance with 675 IAC 20, maintained
				and operated in accordance with 410 IAC 6-2.
(b) Outdoor swimming pools shall be fenced.
				The gate shall be locked when the pool is not in use.
(c) Indoor pools shall be secured to prevent
				accidental entry or unauthorized use.
Transferred from the Division of Family Resources ( 470
					 IAC 3-12-82 ) to the Department of Child Services ( 465 IAC 2-10-82 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 10 - Emergency Shelter Care Children's Homes and Child Caring Institutions › Section 10-83 - Pets

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 83.
Pets which are a potential source of rabies shall be
				  immunized as needed against rabies.
Transferred from the Division of Family Resources ( 470
					 IAC 3-12-83 ) to the Department of Child Services ( 465 IAC 2-10-83 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 10 - Emergency Shelter Care Children's Homes and Child Caring Institutions › Section 10-84 - Fire prevention and building safety plan, design, and construction

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 84.
(a) The
				institution shall be designed for the protection and well-being of the
				children. Buildings shall be structurally sound and repaired as
				needed.
(b) Prior to construction
				of any new building, conversion of an existing building, major alteration to an
				existing building, or addition to an existing building, complete plans and
				specifications shall be submitted to the office of the state building
				commissioner as required under 675 IAC 12-6.
(c) The institution shall comply with FPBSC
				construction rules under 675 IAC.
(d) The institution shall not house, care
				for, or maintain or permit to be maintained a child above the second floor of a
				building.
(e) Whenever sixteen (16)
				or more children are housed in a building, that building shall be equipped with
				an automatic sprinkler system unless the children are divided into living units
				of less than sixteen (16) children each and each unit is separated from
				adjoining units in the same building by a two (2) hour fire resistive
				construction as required under 675 IAC 13.
(f) Interior finish of all buildings shall
				comply with the rules of the FPBSC under 675 IAC.
Transferred from the Division of Family Resources ( 470
					 IAC 3-12-84 ) to the Department of Child Services ( 465 IAC 2-10-84 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 10 - Emergency Shelter Care Children's Homes and Child Caring Institutions › Section 10-85 - Heat, light, and ventilation

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 85.
(a)
				Heating, lighting, and ventilation shall comply with 675 IAC.
(b) When natural light is insufficient in
				buildings, it shall be supplemented by artificial light, properly diffused and
				distributed. All lighting intensity measurements shall be at the level of work
				or, in rooms or hallways where no work is done, at a height of thirty (30)
				inches above the floor. The following average levels of illumination are to be
				maintained:
(1) Study areas, table top work
				areas: minimum average of fifty (50) foot-candles.
(2) Toilet rooms, bathing facilities,
				sleeping areas, dining rooms, stairways: minimum average of twenty (20)
				foot-candles.
(3) Corridors:
				minimum average of fifteen (15) foot-candles.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 10 - Emergency Shelter Care Children's Homes and Child Caring Institutions › Section 10-86 - Electrical equipment, plumbing, and combustible materials

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 86.
(a) All
				wiring in the building shall comply with 675 IAC 17, the Indiana electrical
				rules and shall be approved as required under 675 IAC 12.
(b) Receptacles and outlets serviced by
				extension cord type wiring are prohibited.
(c) New plumbing equipment shall meet the
				requirements under 675 IAC 16.
(d)
				If a gas water heater is used, it shall be vented as required under 675 IAC
				18.
(e) The institution shall be
				kept free from fire hazards. Combustible materials such as paper, rags,
				excelsior, and other flammable materials shall not be permitted to accumulate
				upon the premises. Dust and grease shall be regularly cleaned from hoods above
				stoves and other equipment.
(f) All
				flammable liquids shall be in tightly sealed containers when not in use and
				shall be stored on the premises only in such quantities and in such rooms as
				are specifically allowed under 675 IAC. Such rooms shall be locked to
				children.
(g) The construction of
				rooms housing flammable or combustible materials on the premises shall comply
				with 675 IAC and shall be approved as required under 675 IAC 12.
Transferred from the Division of Family Resources ( 470
					 IAC 3-12-86 ) to the Department of Child Services ( 465 IAC 2-10-86 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 10 - Emergency Shelter Care Children's Homes and Child Caring Institutions › Section 10-87 - Halls, windows, doors, and exits

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 87.
(a) All
				stairways, halls, aisles, corridors, and exits shall be lighted at all times
				and free of any obstructions.
(b)
				All interior exit stairways shall be enclosed in accordance with 675 IAC unless
				equivalent fire protection is provided as determined under 675 IAC.
(c) Exits shall not pass through kitchens,
				storerooms, bathrooms, closets, or spaces used for similar purposes.
(d) The occupant load for which means of
				egress shall be provided for any floor shall be determined in accordance with
				675 IAC.
(e) All buildings shall
				have openings consisting of windows or doors in accordance with 675
				IAC.
(f) Windows which are
				hazardous to children shall be equipped with screens or guards which shall be
				attached in such a way that they may either be removed from the outside or
				broken into from the outside in case of fire.
(g) All exit doors shall be readily
				accessible and usable at all times, shall swing in the direction of exit
				travel, and shall discharge directly to the outside. Exit doors shall be
				equipped with panic hardware or the equivalent, when required, in accordance
				with 675 IAC.
(h) Every interior
				door shall be such that children can open the door from the inside, except that
				a confinement room may be locked as provided under section 58 of this
				rule.
(i) Bathroom door locks shall
				be designed to permit opening a locked door from the outside in an emergency.
				The opening device shall be readily accessible to the staff.
Transferred from the Division of Family Resources ( 470
					 IAC 3-12-87 ) to the Department of Child Services ( 465 IAC 2-10-87 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 10 - Emergency Shelter Care Children's Homes and Child Caring Institutions › Section 10-88 - Safety equipment and procedures

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 88.
(a) A fire
				and smoke alarm system shall be submitted for approval as required under 675
				IAC 12. Plans and specifications for both systems shall be submitted as
				required under 675 IAC 12.
(b)
				Access to exits shall be indicated by visible exit signs as required under 675
				IAC 13.
(c) Emergency lighting
				shall be provided in all interior stairs and corridors.
(d) Fire extinguishers or other firefighting
				equipment shall be provided as directed under 675 IAC.
(e) The fire extinguishers shall be plainly
				visible and easily accessible at all times.
(f) The cooking area shall be protected with
				a minimum of one (1) 5-B:C rated portable fire extinguisher or more as required
				by NFPA 10, as adopted under 675 IAC 22.
(g) All cooking equipment shall conform to
				675 IAC.
(h) The institution shall
				have written, posted evacuation procedures in case of fires and other
				emergencies. The procedures shall be taught to all staff as a part of their
				orientation. Disaster evacuation procedures shall be posted in all living
				units.
(i) Fire drills shall be
				conducted monthly and noted in the records or reports of the institution for
				review.
Transferred from the Division of Family Resources ( 470
					 IAC 3-12-88 ) to the Department of Child Services ( 465 IAC 2-10-88 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-1 - Applicability

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 1.
(a) This
				rule applies to all institutions licensed by the SDPW as private secure
				facilities.
(b) Group homes shall
				not be licensed as private secure facilities.
(c) A licensee caring for more than ten (10)
				children may be issued and hold one (1) of the following combinations of
				licenses concurrently as a single facility:
(1) A license to operate an institution under
				470 IAC 3-11.
(2) A license to
				operate an emergency shelter care under 470 IAC 3-12.
(3) A license to operate an institution under
				470 IAC 3-11 and a license to operate an emergency shelter care under 470 IAC
				3-12.
(4) A license to operate an
				institution under 470 IAC 3-11 and a license to operate a private secure
				facility under this rule.
(5) A
				license to operate an institution under 470 IAC 3-11, a license to operate an
				emergency shelter care under 470 IAC 3-12, and a license to operate a private
				secure facility under this rule.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-2 - "Administrator" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 2.
As used in this rule, "administrator" means the person
				  designated by the governing body and responsible for the general management and
				  administration of the child caring institution.
Transferred from the Division of Family Resources ( 470
					 IAC 3-13-2 ) to the Department of Child Services ( 465 IAC 2-11-2 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-3 - "Admission" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 3.
As used in this rule, "admission" means the process of
				  entering a child in a child caring institution.
Transferred from the Division of Family Resources ( 470
					 IAC 3-13-3 ) to the Department of Child Services ( 465 IAC 2-11-3 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-4 - "Application" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 4.
As used in this rule, "application" means the forms and
				  methods by the SDPW to gather information about and document the intent to
				  operate a child caring institution. The application includes the completion of
				  the appropriate SDPW form, a signed, notarized criminal history affidavit, a
				  financial statement, and any requests for waivers or variances from the agency.
Transferred from the Division of Family Resources ( 470
					 IAC 3-13-4 ) to the Department of Child Services ( 465 IAC 2-11-4 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-5 - "Children's home" or "child caring institution" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 5.
As used in this rule, "children's home" or "child caring
				  institution" means a children's home, an orphanage, an institution, a shelter
				  care facility, a private secure facility, or other place maintained or
				  conducted by any group of individuals, or political subdivision engaged
				  in:
(1) receiving and caring for
				dependent children, children in need of services, or delinquent children;
				or
(2) operating for gain a private
				business of boarding children who are unattended by a parent, guardian, or
				custodian.
Transferred from the Division of Family Resources ( 470
					 IAC 3-13-5 ) to the Department of Child Services ( 465 IAC 2-11-5 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-6 - "Communicable disease" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 6.
As used in this rule, "communicable disease" means an
				  illness due to an infectious agent or its toxic products which is transmitted
				  directly or indirectly to a well person from an infected person, animal, or
				  arthropod, or through the agency of an intermediate host, vector, or the
				  inanimate environment.
Transferred from the Division of Family Resources ( 470
					 IAC 3-13-6 ) to the Department of Child Services ( 465 IAC 2-11-6 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-7 - "Confinement room" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 7.
As used in this rule, "confinement room" means a locked room
				  which is used for the exclusive purpose of isolating a child in order to help
				  the child control his or her behavior.
Transferred from the Division of Family Resources ( 470
					 IAC 3-13-7 ) to the Department of Child Services ( 465 IAC 2-11-7 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-8 - "Corporal punishment" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 8.
As used in this rule, "corporal punishment" means any kind
				  of punishment inflicted upon the body. Corporal punishment includes, but is not
				  limited to, slapping, hitting, spanking, pinching, and pushing.
Transferred from the Division of Family Resources ( 470
					 IAC 3-13-8 ) to the Department of Child Services ( 465 IAC 2-11-8 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-9 - "Emergency shelter" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 9.
As used in this rule, "emergency shelter" means a short term
				  place of residence, other than a secure facility that:
(1) is not locked to prevent a child's
				departure unless the administrator determines that locking is necessary to
				protect the child's health; and
(2)
				provides twenty-four (24) hours a day temporary care for not more than sixty
				(60) consecutive days to an individual child six (6) years of age or older
				admitted on an emergency basis.
Transferred from the Division of Family Resources ( 470
					 IAC 3-13-9 ) to the Department of Child Services ( 465 IAC 2-11-9 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-10 - "Food service" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 10.
As used in this rule, "food service" means the preparation
				  and serving of meals and snacks.
Transferred from the Division of Family Resources ( 470
					 IAC 3-13-10 ) to the Department of Child Services ( 465 IAC 2-11-10 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-11 - "FPBSC" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 11.
As used in this rule, "FPBSC" means the fire prevention and
				  building safety commission.
Transferred from the Division of Family Resources ( 470
					 IAC 3-13-11 ) to the Department of Child Services ( 465 IAC 2-11-11 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-12 - "Governing body" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 12.
As used in this rule, "governing body" means the person, or
				  group of persons, which has the ultimate administrative, fiscal, and managerial
				  control of a child caring institution.
Transferred from the Division of Family Resources ( 470
					 IAC 3-13-12 ) to the Department of Child Services ( 465 IAC 2-11-12 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-13 - "Group home" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 13.
As used in this rule, "group home" means a type of child
				  caring institution licensed for ten (10) or fewer children, six (6) years of
				  age or older, who are apart from their parents or guardian on a twenty-four
				  (24) hour a day basis and who have demonstrated the ability to follow direction
				  and take appropriate action for self-preservation.
Transferred from the Division of Family Resources ( 470
					 IAC 3-13-13 ) to the Department of Child Services ( 465 IAC 2-11-13 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-14 - "Institution" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 14.
As used in this rule, "institution" means a type of child
				  caring institution licensed for more than ten (10) children. Nothing in 470 IAC
				  3-11 or 470 IAC 3-12 shall preclude an institution caring for ten (10) or less
				  children from being licensed under 470 IAC 3-11 or 470 IAC 3-12.
Transferred from the Division of Family Resources ( 470
					 IAC 3-13-14 ) to the Department of Child Services ( 465 IAC 2-11-14 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-15 - "License" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 15.
As used in this rule, "license" means a document authorizing
				  the operation of a child caring institution at a specific address, the number
				  of children which may be cared for, the age range and gender of the children,
				  and the expiration date of the authorization.
Transferred from the Division of Family Resources ( 470
					 IAC 3-13-15 ) to the Department of Child Services ( 465 IAC 2-11-15 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-16 - "Living unit" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 16.
As used in this rule, "living unit" means the building or
				  part of a building which contains separate living, sleeping, and sanitation
				  facilities for a group of children who eat, sleep, and have some of their daily
				  activities apart from other groups of children.
Transferred from the Division of Family Resources ( 470
					 IAC 3-13-16 ) to the Department of Child Services ( 465 IAC 2-11-16 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-17 - "Mechanical restraints" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 17.
As used in this rule, "mechanical restraints" means any
				  objects that restrict a child's mobility or ability to use his/her hands, arms,
				  or legs. Medical and therapeutic equipment for the prevention and treatment of
				  physical injury that are used and applied by order of a licensed physician are
				  not mechanical restraints.
Transferred from the Division of Family Resources ( 470
					 IAC 3-13-17 ) to the Department of Child Services ( 465 IAC 2-11-17 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-18 - "Needs assessment" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 18.
As used in this rule, "needs assessment" means a written
				  study which documents that the specific services offered by a child caring
				  institution will be used by referral sources within the geographic area to be
				  served.
Transferred from the Division of Family Resources ( 470
					 IAC 3-13-18 ) to the Department of Child Services ( 465 IAC 2-11-18 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-19 - "Parent agency" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 19.
As used in this rule, "parent agency" means the agency or
				  governmental unit which has the administrative, supervisory, and service
				  responsibility for the child caring institution.
Transferred from the Division of Family Resources ( 470
					 IAC 3-13-19 ) to the Department of Child Services ( 465 IAC 2-11-19 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-20 - "Placing agency" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 20.
As used in this rule, "placing agency" means a county
				  department of public welfare, a juvenile probation department, or a child
				  placing agency, as defined in IC 12-3-2-5
[IC 12-3 was repealed by P.L.
				  2-1992, SECTION 897, effective February 14, 1992.]
, who places a child
				  into a child caring institution.
Transferred from the Division of Family Resources ( 470
					 IAC 3-13-20 ) to the Department of Child Services ( 465 IAC 2-11-20 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-21 - "Placing parent or guardian" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 21.
As used in this rule, "placing parent or guardian" means a
				  person who places his or her child into a child caring institution when the
				  child is not a ward of the county or court.
Transferred from the Division of Family Resources ( 470
					 IAC 3-13-21 ) to the Department of Child Services ( 465 IAC 2-11-21 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-22 - "Private secure facility" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 22.
(a) As used
				in this rule, "private secure facility" means a locked living unit of an
				institution for gravely disabled children with chronic behavior that harms
				themselves or others.
(b) Locked
				detention or locked isolation rooms do not constitute a private secure
				facility.
Transferred from the Division of Family Resources ( 470
					 IAC 3-13-22 ) to the Department of Child Services ( 465 IAC 2-11-22 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-23 - "Program director" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 23.
As used in this rule, "program director" means the staff
				  person responsible for the development, implementation, and supervision of the
				  treatment programs.
Transferred from the Division of Family Resources ( 470
					 IAC 3-13-23 ) to the Department of Child Services ( 465 IAC 2-11-23 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-24 - "Provisional license" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 24.
As used in this rule, "provisional license" means a license
				  issued to a child caring institution which is temporarily unable to conform to
				  all rules of the SDPW.
Transferred from the Division of Family Resources ( 470
					 IAC 3-13-24 ) to the Department of Child Services ( 465 IAC 2-11-24 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-25 - "Psychotropic medication" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 25.
As used in this rule, "psychotropic medication" means a drug
				  or substance which exerts an effect upon the mind and is capable of modifying
				  mental activity.
Transferred from the Division of Family Resources ( 470
					 IAC 3-13-25 ) to the Department of Child Services ( 465 IAC 2-11-25 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-26 - "SBH" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 26.
As used in this rule, "SBH" means the Indiana state board of
				  health.
Transferred from the Division of Family Resources ( 470
					 IAC 3-13-26 ) to the Department of Child Services ( 465 IAC 2-11-26 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-27 - "SDPW" or "department" defined

Current through July 10, 2024
Authority: IC 31-27-2-4
Affected: IC 31-25-1-1; IC 31-27-3
Sec. 27.
As used in this rule, "SDPW" or "department" means the
				  department of child services established by IC 31-25-1-1.
Transferred from the Division of Family Resources ( 470
					 IAC 3-13-27 ) to the Department of Child Services ( 465 IAC 2-11-27 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-28 - "SFM" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 28.
As used in this rule, "SFM" means the office of the state
				  fire marshal.
Transferred from the Division of Family Resources ( 470
					 IAC 3-13-28 ) to the Department of Child Services ( 465 IAC 2-11-28 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-29 - "Staff development" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 29.
As used in this rule, "staff development" means an ongoing
				  educational process to enhance skills which relate to current employment. It
				  may include, but is not limited to, workshops, reading, formal training, films,
				  training by supervisors or consultants, and may be in subject areas such as
				  child care, child development, emergency and first aid procedures, and behavior
				  management.
Transferred from the Division of Family Resources ( 470
					 IAC 3-13-29 ) to the Department of Child Services ( 465 IAC 2-11-29 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-30 - "Treatment plan" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 30.
As used in this rule, "treatment plan" means a
				  goal-oriented, time-limited, individualized program of action for a child and
				  his or her family, developed by the child caring institution in cooperation
				  with the placing agency and the family.
Transferred from the Division of Family Resources ( 470
					 IAC 3-13-30 ) to the Department of Child Services ( 465 IAC 2-11-30 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-31 - "Variance" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 31.
As used in this rule, "variance" means official permission
				  granted by the SDPW to meet the intent of a specific rule in a way other than
				  specified by the rule.
Transferred from the Division of Family Resources ( 470
					 IAC 3-13-31 ) to the Department of Child Services ( 465 IAC 2-11-31 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-32 - "Waiver" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 32.
As used in this rule, "waiver" means official permission
				  granted by the SDPW not to meet a specific regulation.
Transferred from the Division of Family Resources ( 470
					 IAC 3-13-32 ) to the Department of Child Services ( 465 IAC 2-11-32 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-33 - Licensing procedures

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 33.
(a) The
				institution shall submit a separate application for each license
				required.
(b) An institution shall
				meet all of the following conditions prior to being licensed as a private
				secure facility:
(1) The institution shall
				have been licensed for five (5) consecutive years as an institution and shall
				have provided a continuum of care or a full program of long term residential
				treatment during this same five (5) year period.
(2) Institutions whose primary placement
				program and care plan is short term, twenty-four (24) hour temporary care for
				not more than sixty (60) consecutive days to an individual child do not qualify
				as meeting the requirements of providing a continuum of care or a full program
				of long term residential treatment.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-34 - Termination of license

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 34.
(a) A
				license shall be terminated and a new application required whenever:
(1) the name of the licensee
				changes;
(2) the type of child
				caring institution changes;
(3) the
				address of the child caring institution changes; or
(4) the capacity, age range, or gender of
				children served changes.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-35 - Waivers and variances

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 35.
A waiver or variance granted in conjunction with a license
				  issued under 470 IAC 3-11, 470 IAC 3-12, 470 IAC 3-14, or 470 IAC 3-15 shall
				  not constitute a waiver or variance for this rule.
Transferred from the Division of Family Resources ( 470
					 IAC 3-13-35 ) to the Department of Child Services ( 465 IAC 2-11-35 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-36 - Reporting requirements

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 36.
(a) The
				child caring institution shall report the following changes or events to the
				SDPW prior to occurrence:
(1) Change in
				licensed capacity.
(2) Major
				alterations or changes in buildings or in use of rooms.
(3) Addition or termination of program
				services offered.
(4) Changes in
				administrative personnel.
(5)
				Termination of services.
(6)
				Changes in discipline policies.
(7)
				Changes in confinement room policies, if applicable.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-37 - Plan of operation

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 37.
(a) Prior
				to initial licensure, the child caring institution shall submit to the SDPW the
				following documentation:
(1) Needs
				assessment.
(2) Purpose of child
				caring institution.
(3) Ages,
				gender, and type of children to be served.
(4) Location of child caring institution and
				geographic area from which children will be received.
(5) Type of buildings.
(6) Financial information regarding the
				following:
(A) New construction and
				maintenance of building.
(B)
				Operation of the child caring institution and child care program.
(C) Sources of income and fundraising
				methods.
(7) Program
				design for the children as follows:
(A)
				Emotional and social development.
(B) Education.
(C) Work program.
(D) Recreation.
(E) Nutrition.
(F) Medical and dental care.
(G) Clothing.
(H) Family involvement.
(I) Discipline.
(8) Administration is to include the
				following:
(A) Identification of the governing
				body or members of the board of directors including full name, address, and
				occupation of each.
(B) A plan for
				staffing including number and types of positions anticipated, job descriptions,
				and qualifications.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-38 - Governing body

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 38.
(a) The
				child caring institution shall have a governing body which exercises authority
				over, and has responsibility for, the operation, policy, and practices of the
				facility.
(b) At least one (1)
				member of the governing body shall be knowledgeable or be responsible for the
				private secure facility.
(c) The
				administrator of the institution shall submit a written report to the governing
				body on all aspects of the private secure facility at least
				quarterly.
(d) Members of the
				governing body shall be permitted to visit the private secure facility and to
				speak to any employee or child in care.
(e) Employees, including the administrator,
				shall not constitute a majority membership in the governing body.
Transferred from the Division of Family Resources ( 470
					 IAC 3-13-38 ) to the Department of Child Services ( 465 IAC 2-11-38 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-39 - Financial resources; accounting; insurance

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 39.
(a) The
				child caring institution shall maintain financial resources to meet the rules
				established by the SDPW. The child caring institution shall document evidence
				of these resources and make such documentation available to the SDPW upon
				request.
(b) A new child caring
				institution shall certify that funds are available for the first three (3)
				months of operation.
(c) The child
				caring institution shall prepare an annual budget showing income according to
				sources and estimated expenditures classified according to the following:
(1) Salaries.
(2) Food.
(3) Clothing.
(4) Child development and child care
				program.
(5) Fixed
				expenses.
(6) Maintenance, repair,
				and replacement of furnishings and equipment.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-40 - Admission

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 40.
(a)
				Children admitted to a private secure facility shall:
(1) be six (6) years of age or older;
				and
(2) exhibit chronic behaviors
				that endanger themselves or others.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-41 - Placement agreement

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 41.
The child caring institution shall have a written placement
				  agreement with the placing agency or placing parent or guardian which includes
				  at least the following:
(1)
				Authorization to care for the child.
(2) Provision for treatment plan
				reviews.
(3) Financial plan for
				payment of care and services covered.
(4) Permission for the child caring
				institution to seek routine and emergency medical, surgical, and hospital care.
Transferred from the Division of Family Resources ( 470
					 IAC 3-13-41 ) to the Department of Child Services ( 465 IAC 2-11-41 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-42 - Personnel policies

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 42.
(a) The
				child caring institution shall establish and follow written policies regarding
				employment, compensation, and terms and conditions of work. The written
				personnel policies shall be made available and known to each employee at the
				time of employment.
(b) The
				qualifications, duties, responsibilities, and authority of each person shall be
				defined and stated in writing.
(c)
				The child caring institution shall maintain an organizational chart.
(d) The child caring institution shall inform
				staff of the rules for child caring institutions and written operating policies
				and shall make these documents available to staff for review.
(e) Each employee, including the
				administrator, shall receive a written evaluation of individual performance at
				least annually.
Transferred from the Division of Family Resources ( 470
					 IAC 3-13-42 ) to the Department of Child Services ( 465 IAC 2-11-42 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-43 - Record keeping; general

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 43.
(a) The
				child caring institution shall make all records pertaining to personnel and
				children in care available for SDPW, SBH, and SFM review.
(b) The child caring institution shall make
				medical records of children and staff available for SDPW and SBH
				review.
(c) Children's records
				shall be available only to the child, the placing agency, parent, guardian, or
				any of their written designees in addition to SDPW, SBH, and SFM. The local
				school corporation shall have access to children's records to the extent
				necessary to provide educational services and only in compliance with statutory
				requirements regarding confidentiality and access.
Transferred from the Division of Family Resources ( 470
					 IAC 3-13-43 ) to the Department of Child Services ( 465 IAC 2-11-43 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 11 - Private Secure Facilities › Section 11-44 - Personnel records

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 44.
(a) The
				child caring institution shall establish and maintain an individual record for
				each staff member.
(b) The record
				shall include the following information prior to employment:
(1) Application.
(2) Name, address, and telephone
				number.
(3) Name, address, and
				telephone number of the person to be notified in the event of an
				emergency.
(4) Documentation of
				training, education, experience, and any other required
				qualifications.
(5) Reference notes
				or reports, with evaluations of ability, character, and suitability for working
				with children.
(6) Signed,
				notarized criminal history affidavit.