reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 7 - INDIVIDUALIZED SUPPORT PLAN › Rule 3 - Definitions › Section 3-8 - "Legal representative" defined

Current through July 10, 2024
Authority: IC
				  12-9-2-3;
				  IC
				  12-11-1.1-9; IC
				  12-11-2.1-12
Affected: IC
				  12-10-13-3.3;
				  IC 12-11-1.1; IC 12-11-2.1
Sec. 8.
"Legal representative" has the meaning set forth in IC
				  12-10-13-3.3.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 7 - INDIVIDUALIZED SUPPORT PLAN › Rule 3 - Definitions › Section 3-9 - "Legal status" defined

Current through July 10, 2024
Authority: IC
				  12-9-2-3;
				  IC
				  12-11-1.1-9; IC
				  12-11-2.1-12
Affected: IC 12-11-1.1; IC 12-11-2.1
Sec. 9.
"Legal status" means an indication of whether or not the
				  individual is a subject of a guardianship or some other protective proceeding
				  or is a minor.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 7 - INDIVIDUALIZED SUPPORT PLAN › Rule 3 - Definitions › Section 3-10 - "Objective" defined

Current through July 10, 2024
Authority: IC
				  12-9-2-3;
				  IC
				  12-11-1.1-9; IC
				  12-11-2.1-12
Affected: IC 12-11-1.1; IC 12-11-2.1
Sec. 10.
"Objective" means a specifiable intermediate point toward a
				  goal.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 7 - INDIVIDUALIZED SUPPORT PLAN › Rule 3 - Definitions › Section 3-11 - "Outcome" defined

Current through July 10, 2024
Authority: IC
				  12-9-2-3;
				  IC
				  12-11-1.1-9; IC
				  12-11-2.1-12
Affected: IC 12-11-1.1; IC 12-11-2.1
Sec. 11.
"Outcome" means a statement of the individual's desires for
				  the near future, which is based upon the individual's preferences, desires, and
				  needs identified in the person centered planning process. An outcome is a
				  common vision of what the support team is working together to accomplish.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 7 - INDIVIDUALIZED SUPPORT PLAN › Rule 3 - Definitions › Section 3-12 - "Person centered planning" or "PCP" defined

Current through July 10, 2024
Authority: IC
				  12-9-2-3;
				  IC
				  12-11-1.1-9; IC
				  12-11-2.1-12
Affected: IC 12-11-1.1; IC 12-11-2.1
Sec. 12.
"Person centered planning" or "PCP" means a process
				  that:
(1) allows an individual, the individual's legal
				  representative, if applicable, and any other person chosen by the individual to
				  direct the planning and allocation of resources to meet the individual's life
				  goals;
(2) achieves understanding of how an individual:
(A) learns;
(B) makes decisions; and
(C) is and can be productive;
(3) discovers what the individual likes and dislikes;
				  and
(4) empowers an individual and the individual's family to
				  create a life plan and corresponding ISP for the individual that:
(A) is based on the individual's preferences, dreams, and
				  needs;
(B) encourages and supports the individual's long term hopes
				  and dreams;
(C) is supported by a short term plan that is based on
				  reasonable costs, given the individual's support needs;
(D) includes individual responsibility; and
(E) includes a range of supports, including funded,
				  community, and natural supports.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 7 - INDIVIDUALIZED SUPPORT PLAN › Rule 3 - Definitions › Section 3-13 - "Profile information" defined

Current through July 10, 2024
Authority: IC
				  12-9-2-3;
				  IC
				  12-11-1.1-9; IC
				  12-11-2.1-12
Affected: IC 12-11-1.1; IC 12-11-2.1
Sec. 13.
"Profile information" means a summary of the information
				  developed through the person centered planning process that is attached to the
				  ISP.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 7 - INDIVIDUALIZED SUPPORT PLAN › Rule 3 - Definitions › Section 3-14 - "Provider" defined

Current through July 10, 2024
Authority: IC
				  12-9-2-3;
				  IC
				  12-11-1.1-9; IC
				  12-11-2.1-12
Affected: IC 12-11-1.1; IC 12-11-2.1
Sec. 14.
"Provider" means a person or entity approved by the BDDS to
				  provide the individual with agreed upon services.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 7 - INDIVIDUALIZED SUPPORT PLAN › Rule 3 - Definitions › Section 3-15 - "Qualified mental retardation professional" or "QMRP" defined

Current through July 10, 2024
Authority: IC 12-9-2-3; IC 12-11-1.1-9; IC
				  12-11-2.1-12
Affected: IC 12-11-1.1; IC 12-11-2.1
Sec. 15.
"Qualified mental retardation professional" or "QMRP" means
				  a staff of an ICF/MR who meets the qualifications and functions contained in
				  42 CFR
				  483.430(a).
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 7 - INDIVIDUALIZED SUPPORT PLAN › Rule 3 - Definitions › Section 3-16 - "Service coordinator" defined

Current through July 10, 2024
Authority: IC
				  12-9-2-3;
				  IC
				  12-11-1.1-9; IC
				  12-11-2.1-12
Affected: IC 12-11-1.1; IC 12-11-2.1
Sec. 16.
"Service coordinator" means a service coordinator employed
				  by the BDDS under IC 12-11-2.1.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 7 - INDIVIDUALIZED SUPPORT PLAN › Rule 3 - Definitions › Section 3-17 - "Support team" defined

Current through July 10, 2024
Authority: IC
				  12-9-2-3;
				  IC
				  12-11-1.1-9; IC
				  12-11-2.1-12
Affected: IC 12-11-1.1; IC 12-11-2.1
Sec. 17.
"Support team" means a team of persons, including an
				  individual, the individual's legal representative, if applicable, an
				  individual's providers, provider of case management services, and other persons
				  who:
(1) are designated by the individual;
(2) know and work with the individual; and
(3) participate in the development and implementation of the
				  individual's ISP.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 7 - INDIVIDUALIZED SUPPORT PLAN › Rule 4 - Development of an ISP › Section 4-1 - Development of an ISP

Current through July 10, 2024
Authority: IC
				  12-9-2-3;
				  IC
				  12-11-1.1-9; IC
				  12-11-2.1-12
Affected: IC 12-11-1.1; IC 12-11-2.1
Sec. 1.
(a) An ISP
				shall be developed by an individual's support team using a "person centered
				planing" process. The support team shall be led by a facilitator chosen by the
				individual.
(b) The support team
				shall be led by a trained facilitator chosen by the individual to collect and
				complete the profile information of the person centered planning process and
				development of the ISP.
(c) Before
				functioning as a facilitator of the person centered planning process a
				facilitator shall:
(1) complete a training
				provided by a BDDS approved training entity or person;
(2) observe a facilitation; and
(3) participate in a person centered planning
				meeting.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 7 - INDIVIDUALIZED SUPPORT PLAN › Rule 4 - Development of an ISP › Section 4-2 - Collection of information

Current through July 10, 2024
Authority: IC
				  12-9-2-3;
				  IC
				  12-11-1.1-9; IC
				  12-11-2.1-12
Affected: IC 12-11-1.1; IC 12-11-2.1
Sec. 2.
The support team shall collect all the information required
				  to complete the ISP. In collecting the information needed to complete the ISP,
				  the team shall be cognizant of the past, present, and future influences of a
				  variety of factors that define the individual's quality of
				  life.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 7 - INDIVIDUALIZED SUPPORT PLAN › Rule 4 - Development of an ISP › Section 4-3 - Composition of the support team

Current through July 10, 2024
Authority: IC
				  12-9-2-3;
				  IC
				  12-11-1.1-9; IC
				  12-11-2.1-12
Affected: IC 12-11-1.1; IC 12-11-2.1
Sec. 3.
(a) The
				support team shall include, as appropriate, the following persons, as
				designated by the individual:
(1) The
				individual.
(2) His or her legal
				guardian, if applicable.
(3) Close
				family members/advocates.
(4) The
				provider providing case management services to the individual.
(5) Providers providing services to the
				individual.
(6) A BDDS service
				coordinator.
(7) Others identified
				by the individual as being important in his or her life.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 7 - INDIVIDUALIZED SUPPORT PLAN › Rule 4 - Development of an ISP › Section 4-4 - Written ISP

Current through July 10, 2024
Authority: IC 12-9-2-3; IC 12-11-1.1-9; IC
				  12-11-2.1-12
Affected: IC 12-11-1.1; IC 12-11-2.1
Sec. 4.
The support team shall develop a written ISP that contains
				  all of the sections required by 460 IAC 7-5. A profile sheet shall be attached
				  to the ISP.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 7 - INDIVIDUALIZED SUPPORT PLAN › Rule 4 - Development of an ISP › Section 4-5 - Updating the ISP

Current through July 10, 2024
Authority: IC
				  12-9-2-3;
				  IC
				  12-11-1.1-9; IC
				  12-11-2.1-12
Affected: IC 12-11-1.1; IC 12-11-2.1
Sec. 5.
The ISP shall be updated:
(1) whenever a change in the individual's
				condition or circumstances warrants the updating the individual's ISP;
				or
(2) annually.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 7 - INDIVIDUALIZED SUPPORT PLAN › Rule 5 - Sections of an ISP › Section 5-1 - Sections of an ISP

Current through July 10, 2024
Authority: IC
				  12-9-2-3;
				  IC
				  12-11-1.1-9; IC
				  12-11-2.1-12
Affected: IC 12-11-1.1; IC 12-11-2.1
Sec. 1.
An ISP shall have the following sections:
(1) Personal and demographic information
				section.
(2) Individual's diagnosis
				section.
(3) Individual's emergency
				contacts section.
(4) Outcome
				section.
(5) Statement of agreement
				section.
(6) Individualized support
				plan participants section.
(7)
				Meeting issues and requirements section.
(8) An optional attachment regarding
				resources.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 7 - INDIVIDUALIZED SUPPORT PLAN › Rule 5 - Sections of an ISP › Section 5-2 - Personal and demographic information section

Current through July 10, 2024
Authority: IC
				  12-9-2-3;
				  IC
				  12-11-1.1-9; IC
				  12-11-2.1-12
Affected: IC 12-11-1.1; IC 12-11-2.1
Sec. 2.
The personal and demographic information section shall
				  contain the following:
(1) The
				individual's last name, first name, and middle initial.
(2) The individual's address.
(3) The individual's date of birth.
(4) If applicable, the individual's Medicaid
				recipient number.
(5) The
				individual's legal status.
(6) The
				individual's current living arrangement.
(7) The individual's Social Security
				number.
(8) The individual's
				medical insurance information.
(9)
				An indication of whether or not the individual is in school, is employed, or
				has another daily routine. If the individual has another daily routine, the
				daily routine shall be described.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 7 - INDIVIDUALIZED SUPPORT PLAN › Rule 5 - Sections of an ISP › Section 5-3 - Diagnosis section

Current through July 10, 2024
Authority: IC
				  12-9-2-3;
				  IC
				  12-11-1.1-9; IC
				  12-11-2.1-12
Affected: IC 12-11-1.1; IC 12-11-2.1
Sec. 3.
The diagnosis section shall identify the individual's
				  primary diagnosis, and, if applicable, a secondary diagnosis.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 7 - INDIVIDUALIZED SUPPORT PLAN › Rule 5 - Sections of an ISP › Section 5-4 - Emergency contacts section

Current through July 10, 2024
Authority: IC
				  12-9-2-3;
				  IC
				  12-11-1.1-9; IC
				  12-11-2.1-12
Affected: IC 12-11-1.1; IC 12-11-2.1
Sec. 4.
The emergency contacts section shall contain the name, phone
				  number, relationship, addresses, and an alternate contact method for any
				  emergency contacts for the individual.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 7 - INDIVIDUALIZED SUPPORT PLAN › Rule 5 - Sections of an ISP › Section 5-5 - Outcome section

Current through July 10, 2024
Authority: IC
				  12-9-2-3;
				  IC
				  12-11-1.1-9; IC
				  12-11-2.1-12
Affected: IC 12-11-1.1; IC 12-11-2.1
Sec. 5.
(a) The
				outcome section shall include all outcomes for the individual.
(b) Each outcome listed in the ISP shall
				contain the following:
(1) The desired outcome
				for the individual.
(2) The
				individual's current status regarding attainment of the outcome. Current status
				information shall be based upon the support team's discussions during the
				development of the ISP and a review of relevant documentation.
(3) The individual's past experience with the
				outcome. Past experience information shall be based upon the support team's
				discussions during the development of the ISP and a review of relevant
				documentation.
(4) Proposed
				strategies and activities for meeting and attaining the outcome, including the
				following:
(A) Multiple strategies can be used
				to meet more than one (1) outcome.
(B) Preferred strategies shall be assessed
				through discussion during the development of the ISP and shall include input
				from the individual and the individual's guardian or family members, or both.
Each strategy shall be clearly outlined and include all
				  related information.
(5) The party or parties, paid or unpaid,
				responsible for assisting the individual in meeting the outcome. A responsible
				party cannot be changed unless the support team is reconvened and the ISP is
				amended to reflect a change in responsible party.
(6) Time frame for accomplishment of the
				outcome, which shall not exceed one (1) year.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 7 - INDIVIDUALIZED SUPPORT PLAN › Rule 5 - Sections of an ISP › Section 5-6 - Statement of agreement section

Current through July 10, 2024
Authority: IC
				  12-9-2-3;
				  IC
				  12-11-1.1-9; IC
				  12-11-2.1-12
Affected: IC 12-11-1.1; IC 12-11-2.1
Sec. 6.
The statement of agreement section shall contain the
				  following sentence: "I have been involved in the development of my
				  Individualized Support Plan and I agree with this Plan. I know I can appeal to
				  the DDARS if I disagree with how this plan is put into action.". There shall be
				  a signature and date line for the individual to sign.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 7 - INDIVIDUALIZED SUPPORT PLAN › Rule 5 - Sections of an ISP › Section 5-7 - Individualized support plan participants section

Current through July 10, 2024
Authority: IC
				  12-9-2-3;
				  IC
				  12-11-1.1-9; IC
				  12-11-2.1-12
Affected: IC 12-11-1.1; IC 12-11-2.1
Sec. 7.
(a) The
				individualized support plan participants section shall list each person
				participating in the development of the ISP.
(b) The relationship of each participant to
				the individual shall be indicated.
(c) The date or dates the ISP was forwarded
				to each participant shall be indicated.
(d) The method by which the ISP was forwarded
				to the participant shall be indicated.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 7 - INDIVIDUALIZED SUPPORT PLAN › Rule 5 - Sections of an ISP › Section 5-8 - Meeting issues and requirements section

Current through July 10, 2024
Authority: IC
				  12-9-2-3;
				  IC
				  12-11-1.1-9; IC
				  12-11-2.1-12
Affected: IC 12-11-1.1; IC 12-11-2.1
Sec. 8.
(a) The
				meeting issues and requirements section shall have a subsection regarding
				health and behavioral issues as follows:
(1)
				The health and behavioral issues section shall indicate if a provider is needed
				to provide health care or behavioral supports and, if a provider is needed to
				provide either health care or behavioral supports, the provider responsible for
				providing health care or behavioral supports.
(2) Health and behavioral issues included in
				health and behavioral issues section shall include, as applicable, the
				following:
(A) Seizures or history of
				seizures.
(B) Allergies or history
				of allergies.
(C) Uses or requires
				dentures.
(D) Chewing
				difficulties.
(E) Swallowing
				difficulties.
(F) Dining
				difficulties.
(G) Vision
				difficulties.
(H) Hearing
				difficulties.
(I) Speaking
				difficulties or the individual's mode of communication.
(J) Behavior issues.
(K) Health or behavior issue identified as a
				result of a review of incident reports concerning the individual.
(L) Medication or self medication issues, or
				both.
(M) Results of laboratory
				testing.
(N) Any other chronic
				condition or healthcare issue.
(3) The health and behavioral issues section
				shall identify the following:
(A) The
				individual's regular family physician.
(B) The individual's dentist.
(C) Any specialist with whom the individual
				consults.
(4) For each
				health issue or behavioral issue that is identified, a comment section shall be
				included that contains a discussion of how the health issue or behavioral
				issue:
(A) affects the individual;
				and
(B) is addressed by the
				ISP.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 7 - INDIVIDUALIZED SUPPORT PLAN › Rule 5 - Sections of an ISP › Section 5-9 - Optional attachment: resources

Current through July 10, 2024
Authority: IC
				  12-9-2-3;
				  IC
				  12-11-1.1-9; IC
				  12-11-2.1-12
Affected: IC 12-11-1.1; IC 12-11-2.1
Sec. 9.
An optional resources attachment regarding resources may be
				  attached to the ISP. If an optional resources attachment is used it may
				  indicate the following:
(1) The
				funding supports the individual currently receives.
(2) The funding supports the support team
				discussed during the development of the ISP.
(3) The funding supports the individual does
				not desire to receive.
(4) The
				funding supports for which the individual has applied.
(5) Any funding supports for which the
				individual is on a waiting list.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 8 - ASSISTED LIVING MEDICAID WAIVER SERVICES (TRANSFERRED)

Current through July 10, 2024
Transferred from the Division of Disability and Rehabilitative
				Services (460 IAC 8) to the Division of Aging (455 IAC 3) by P.L. 153-2011,
				SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 9 - COMMUNITY RESIDENTIAL FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Rule 1 - Definitions › Section 1-1 - Applicability

Current through July 10, 2024
Authority: IC 12-28-5-19
Affected: IC 12-7-2; IC 12-28-5
Sec. 1.
The definitions in this rule apply throughout this article.
Transferred from the Community Residential Facilities Council ( 431 IAC 1.1-1-1 ) to the Division of Disability and Rehabilitative Services ( 460 IAC 9-1-1 ) by P.L. 229-2011, SECTION 154, effective July 1, 2011.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 9 - COMMUNITY RESIDENTIAL FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Rule 1 - Definitions › Section 1-2 - Types of facilities defined

Current through July 10, 2024
Authority: IC 12-28-5-10; IC 12-28-5-19
Affected: IC 12-7-2; IC 12-28-5
Sec. 2.
"Community residential facility for persons with developmental disabilities" means a residential facility, as defined by IC 12-7-2, that is operated for the purpose of providing one (1) of the following types of services to four (4) to eight (8) persons with developmental disabilities:
(1) "Adult support residence" means a home or an apartment staffed by personnel, that provides assistance with activities of daily living and transportation and other assistance to residents with developmental disabilities other than mental retardation to enable them to function in the community and within the home. The residence shall include specialized equipment, communication devices, and environmental controls as needed for the residents to enhance their ability to participate in activities of life.
(2) "Basic developmental residence" means a home or apartment setting for adults, staffed and supervised by personnel, to provide training for those individuals functioning at severe and profound levels of developmental disabilities in one (1) or more of the following areas:
(A) Activities of daily living.
(B) Communication.
(C) Behavioral training.
(D) Behavior management.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 9 - COMMUNITY RESIDENTIAL FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Rule 1 - Definitions › Section 1-3 - "Activities of daily living" defined

Current through July 10, 2024
Authority: IC 12-28-5-19
Affected: IC 12-7-2; IC 12-28-5
Sec. 3.
"Activities of daily living" means the basic skills of everyday living such as toileting, bathing, dressing, grooming, and eating and the skills necessary to maintain the normal routines of the day, such as housekeeping, shopping, and preparing meals. The term also includes exercising personal, social, and communications skills.
Transferred from the Community Residential Facilities Council ( 431 IAC 1.1-1-3 ) to the Division of Disability and Rehabilitative Services ( 460 IAC 9-1-3 ) by P.L. 229-2011, SECTION 154, effective July 1, 2011.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 9 - COMMUNITY RESIDENTIAL FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Rule 1 - Definitions › Section 1-4 - "Administrator" defined

Current through July 10, 2024
Authority: IC 12-28-5-19
Affected: IC 12-7-2; IC 12-28-5
Sec. 4.
"Administrator" means an individual who has the necessary authority and responsibility for management of the facility and implementation of administrative and operational policies.
Transferred from the Community Residential Facilities Council ( 431 IAC 1.1-1-4 ) to the Division of Disability and Rehabilitative Services ( 460 IAC 9-1-4 ) by P.L. 229-2011, SECTION 154, effective July
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 9 - COMMUNITY RESIDENTIAL FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Rule 1 - Definitions › Section 1-5 - "Behavior management" defined

Current through July 10, 2024
Authority: IC 12-28-5-19
Affected: IC 12-7-2; IC 12-28-5
Sec. 5.
"Behavior management" means the manipulation of, or creation of, an environment to decrease maladaptive behaviors or to increase appropriate behaviors. Such techniques are defined in Client Behavior and Facility Practices, 42 CFR 483.450(b) through  42 CFR 483.450(e) (10-1-95).
Transferred from the Community Residential Facilities Council ( 431 IAC 1.1-1-5 ) to the Division of Disability and Rehabilitative Services ( 460 IAC 9-1-5 ) by P.L. 229-2011, SECTION 154, effective July 1, 2011.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 9 - COMMUNITY RESIDENTIAL FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Rule 1 - Definitions › Section 1-6 - "Case manager" defined

Current through July 10, 2024
Authority: IC 12-28-5-19
Affected: IC 12-28-5
Sec. 6.
"Case manager" means a person employed by the division who makes every effort to assure that individual clients are identified, placed in an appropriate and least restrictive environment for receiving service, and receive services which are appropriate to their needs.
Transferred from the Community Residential Facilities Council ( 431 IAC 1.1-1-6 ) to the Division of Disability and Rehabilitative Services ( 460 IAC 9-1-6 ) by P.L. 229-2011, SECTION 154, effective July 1, 2011.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 9 - COMMUNITY RESIDENTIAL FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Rule 1 - Definitions › Section 1-7 - "Children" defined

Current through July 10, 2024
Authority: IC 12-28-5-19
Affected: IC 12-7-2; IC 12-28-5
Sec. 7.
"Children" means individuals who are less than eighteen (18) years of age, or persons eighteen (18) years of age or over who continue to be enrolled in a public school program.
Transferred from the Community Residential Facilities Council ( 431 IAC 1.1-1-7 ) to the Division of Disability and Rehabilitative Services ( 460 IAC 9-1-7 ) by P.L. 229-2011, SECTION 154, effective July 1, 2011.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 9 - COMMUNITY RESIDENTIAL FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Rule 1 - Definitions › Section 1-8 - "Council" defined

Current through July 10, 2024
Authority: IC 12-28-5-19
Affected: IC 12-7-2; IC 12-28-5
Sec. 8.
"Council" means the community residential facilities council as authorized by IC 12-7-2.
Transferred from the Community Residential Facilities Council ( 431 IAC 1.1-1-8 ) to the Division of Disability and Rehabilitative Services ( 460 IAC 9-1-8 ) by P.L. 229-2011, SECTION 154, effective July 1, 2011.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 9 - COMMUNITY RESIDENTIAL FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Rule 1 - Definitions › Section 1-9 - "Council staff" defined

Current through July 10, 2024
Authority: IC 12-28-5-19
Affected: IC 12-28-5
Sec. 9.
"Council staff" means individuals designated by the division of aging and rehabilitative services and the division of mental health to assist the council in accomplishing its functions.
Transferred from the Community Residential Facilities Council ( 431 IAC 1.1-1-9 ) to the Division of Disability and Rehabilitative Services ( 460 IAC 9-1-9 ) by P.L. 229-2011, SECTION 154, effective July 1, 2011.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 9 - COMMUNITY RESIDENTIAL FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Rule 1 - Definitions › Section 1-10 - "Day service" defined

Current through July 10, 2024
Authority: IC 12-28-5-19
Affected: IC 12-28-5
Sec. 10.
"Day service" means a program of services as described in IC 12-11-2
[IC 12-11-2 was repealed by P.L. 272-1999, SECTION 66, effective July 1, 1999.]
.
Transferred from the Community Residential Facilities Council ( 431 IAC 1.1-1-10 ) to the Division of Disability and Rehabilitative Services ( 460 IAC 9-1-10 ) by P.L. 229-2011, SECTION 154, effective July 1, 2011.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 9 - COMMUNITY RESIDENTIAL FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Rule 1 - Definitions › Section 1-11 - "Division" defined

Current through July 10, 2024
Authority: IC 12-28-5-19
Affected: IC 12-28-5
Sec. 11.
"Division" means the division of aging and rehabilitative services or its duly authorized agent.
Transferred from the Community Residential Facilities Council ( 431 IAC 1.1-1-11 ) to the Division of Disability and Rehabilitative Services ( 460 IAC 9-1-11 ) by P.L. 229-2011, SECTION 154, effective July 1, 2011.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 9 - COMMUNITY RESIDENTIAL FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Rule 1 - Definitions › Section 1-12 - "Developmental disability" defined

Current through July 10, 2024
Authority: IC 12-28-5-19
Affected: IC 12-7-2-61; IC 12-28-5
Sec. 12.
"Developmental disability" means a disability as defined by IC 12-7-2-61.
Transferred from the Community Residential Facilities Council ( 431 IAC 1.1-1-12 ) to the Division of Disability and Rehabilitative Services ( 460 IAC 9-1-12 ) by P.L. 229-2011, SECTION 154, effective July 1, 2011.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 9 - COMMUNITY RESIDENTIAL FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Rule 1 - Definitions › Section 1-13 - "Interdisciplinary team" defined

Current through July 10, 2024
Authority: IC 12-28-5-19
Affected: IC 12-7-2; IC 12-28-5
Sec. 13.
"Interdisciplinary team" means those individuals who have responsibility for making decisions about and implementing individual program plans. The team may include, but is not limited to, the resident, his or her legal guardian, any representative of the resident's choice, case manager, and representatives from agencies who provide a direct service for the resident.
Transferred from the Community Residential Facilities Council ( 431 IAC 1.1-1-13 ) to the Division of Disability and Rehabilitative Services ( 460 IAC 9-1-13 ) by P.L. 229-2011, SECTION 154, effective July 1, 2011.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 9 - COMMUNITY RESIDENTIAL FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Rule 1 - Definitions › Section 1-14 - "Intermediate care facility for the mentally retarded" defined

Current through July 10, 2024
Authority: IC 12-28-5-19
Affected: IC 12-7-2; IC 12-28-5
Sec. 14.
"Intermediate care facility for the mentally retarded" has the meaning as described in 42 CFR 483.400 through  42 CFR 483.480 (10-1-95).
Transferred from the Community Residential Facilities Council ( 431 IAC 1.1-1-14 ) to the Division of Disability and Rehabilitative Services ( 460 IAC 9-1-14 ) by P.L. 229-2011, SECTION 154, effective July 1, 2011.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 9 - COMMUNITY RESIDENTIAL FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Rule 1 - Definitions › Section 1-15 - "Life safety training" defined

Current through July 10, 2024
Authority: IC 12-28-5-19
Affected: IC 12-7-2; IC 12-28-5
Sec. 15.
"Life safety training" means instruction in basic first aid procedures such as stopping severe bleeding, treating burns, etc., emergency evacuation procedures, and other relevant training oriented to maintaining a safe environment.
Transferred from the Community Residential Facilities Council ( 431 IAC 1.1-1-15 ) to the Division of Disability and Rehabilitative Services ( 460 IAC 9-1-15 ) by P.L. 229-2011, SECTION 154, effective July 1, 2011.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 9 - COMMUNITY RESIDENTIAL FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Rule 1 - Definitions › Section 1-16 - "Provider" defined

Current through July 10, 2024
Authority: IC 12-28-5-19
Affected: IC 12-28-5-12
Sec. 16.
"Provider" means an approved entity as defined in IC 12-28-5-12 which holds a license to operate a supervised group living program at a specific address.
Transferred from the Community Residential Facilities Council ( 431 IAC 1.1-1-16 ) to the Division of Disability and Rehabilitative Services ( 460 IAC 9-1-16 ) by P.L. 229-2011, SECTION 154, effective July 1, 2011.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 9 - COMMUNITY RESIDENTIAL FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Rule 1 - Definitions › Section 1-17 - "Residential facility" defined

Current through July 10, 2024
Authority: IC 12-28-5-19
Affected: IC 12-28-5
Sec. 17.
"Residential facility" means a home in which a program as defined in IC 12-11-1-1(1) through IC 12-11-1-1(4)
[IC 12-11-1 was repealed by P.L. 272-1999, SECTION 66, effective July 1, 1999.]
is carried out.
Transferred from the Community Residential Facilities Council ( 431 IAC 1.1-1-17 ) to the Division of Disability and Rehabilitative Services ( 460 IAC 9-1-17 ) by P.L. 229-2011, SECTION 154, effective July 1, 2011.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 9 - COMMUNITY RESIDENTIAL FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Rule 1 - Definitions › Section 1-18 - "Residential staff" defined

Current through July 10, 2024
Authority: IC 12-28-5-19
Affected: IC 12-7-2; IC 12-28-5
Sec. 18.
"Residential staff" means all persons responsible for providing training, habilitation, and support in the residential setting.
Transferred from the Community Residential Facilities Council ( 431 IAC 1.1-1-18 ) to the Division of Disability and Rehabilitative Services ( 460 IAC 9-1-18 ) by P.L. 229-2011, SECTION 154, effective July 1, 2011.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 9 - COMMUNITY RESIDENTIAL FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Rule 1 - Definitions › Section 1-19 - "Supervised group living" defined

Current through July 10, 2024
Authority: IC 12-28-5-19
Affected: IC 12-28-5
Sec. 19.
"Supervised group living" means a residence as set forth in IC 12-11-1-1(1)
[IC 12-11-1 was repealed by P.L. 272-1999, SECTION 66, effective July 1, 1999.]
.
Transferred from the Community Residential Facilities Council ( 431 IAC 1.1-1-19 ) to the Division of Disability and Rehabilitative Services ( 460 IAC 9-1-19 ) by P.L. 229-2011, SECTION 154, effective July 1, 2011.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 9 - COMMUNITY RESIDENTIAL FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Rule 2 - Licensing Procedures › Section 2-1 - Approved provider status

Current through July 10, 2024
Authority: IC 12-28-5-19
Affected: IC 4-21.5; IC 12-28-5-12; IC 22-12
Sec. 1.
(a) Any prospective provider in order to lawfully establish, conduct, operate, or maintain a residential facility as defined in IC 12-11-1-1(1)
[IC 12-11-1 was repealed by P.L. 272-1999, SECTION 66, effective July 1, 1999.]
shall demonstrate to the satisfaction of the council that it has the programmatic, financial, and management ability to operate a supervised group living residence.
(b) The prospective provider shall submit to the staff of the council professional and financial references and such additional program, policy, and operational documents as necessary to make a judgment that the prospective provider has the ability to operate a supervised group living residence for persons with developmental disabilities. Such documents shall include, but are not limited to, the following:
(1) A corporate or partnership structure if the prospective provider is a corporation or partnership.
(2) An organizational chart delineating job titles, lines of authority, and scope of responsibility.
(3) A policy and procedure manual.
(4) A program description.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 9 - COMMUNITY RESIDENTIAL FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Rule 2 - Licensing Procedures › Section 2-2 - General licensing process

Current through July 10, 2024
Authority: IC 12-28-5-19
Affected: IC 4-21.5; IC 12-28-5-12; IC 22-12
Sec. 2.
(a) A license for a new residential facility shall be obtained as follows:
(1) The provider shall obtain approved provider status under section 1 of this rule.
(2) The provider who has been given preliminary approval to proceed with development of a residence shall submit a written letter of intent to the division, indicating its intention to develop a specific residence in a specific county for a specific number of residents.
(3) The provider shall submit to the division a letter of support from the division's case manager with responsibility for placement of individuals in the proposed residence which supports the need for the residence in compliance with the council's assessment of needs and indicates the appropriate licensure designation for the residence as defined in 431 IAC 1.1-1-2.
(4) The provider shall notify the affected day service agency of the proposed development of a residence and obtain a letter of commitment for day services.
(5) The division shall notify the provider in writing of the approval to proceed with development.
(6) Failure to submit a letter of intent within nine (9) months of receiving preliminary approval to proceed from the division or to open a residence within nine (9) months of receiving the division's approval to proceed may result in withdrawal of approval to proceed unless the provider can demonstrate that such delays were due to circumstances beyond its control or in the best interest of prospective residents.
(7) The division may request architectural plans for review and approval. The residence must be in compliance with applicable building codes under IC 22-12.
(8) The facility must meet the requirements of 431 IAC 3.1 or 431 IAC 4 for life safety.
(9) When automatic sprinkler systems are installed, they shall be installed in accordance with National Fire Protection Association (NFPA) Standard 13 or 13R. The installation shall be certified in writing by the design professional as being in full compliance with applicable NFPA standards. The edition of NFPA 13 or NFPA 13R to be used for such certification shall be that edition most recently adopted by the fire prevention and building safety commission in Title 675 of the Indiana Administrative Code. The original of such certification shall be retained at the facility at all times that the facility is licensed by the division, and a copy shall be provided to the division at the time of initial licensure.
(10) The division or its designated agent may give written approval for occupancy of a residential facility pending confirmation by the council if:
(A) the residential facility has been surveyed and found to be in substantial compliance with this article; and
(B) the residential facility has been inspected and found to be in substantial compliance with 431 IAC 3.1 or 431 IAC 4.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 9 - COMMUNITY RESIDENTIAL FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Rule 2 - Licensing Procedures › Section 2-3 - Licensure actions

Current through July 10, 2024
Authority: IC 12-28-5-19
Affected: IC 4-21.5; IC 12-28-5; IC 22-12
Sec. 3.
(a) Upon application for an initial license, the council may issue a provisional license for a period not to exceed twelve (12) months, or a regular license for a period not to exceed eighteen (18) months, or deny the issuance of a license. Such action shall be based on the following:
(1) Information verified by the council staff indicating whether the facility is being operated in compliance with IC 12-28-5 and this article.
(2) Information from the Indiana state department of health indicating that the residence has been inspected within the preceding twelve (12) months to assure compliance with the fire safety standards in 431 IAC 3.1 or 431 IAC 4.
(3) The division or its designated agent may give written approval for the facility to be occupied, pending confirmation by the council, or may defer authorization to occupy for full review by the council.
(4) If the council decides that a license will not be issued, the applicant affected has the right to an appeal to the council within a fifteen (15) day period after notification by registered or certified letter under IC 4-21.5.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 9 - COMMUNITY RESIDENTIAL FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Rule 3 - Conditions of Licensure › Section 3-1 - Governing body

Current through July 10, 2024
Authority: IC 12-28-5-19
Affected: IC 4-21.5; IC 12-10-3; IC 12-28-5-12; IC 22-12
Sec. 1.
(a) The provider shall meet all the conditions specified in 42 CFR 483.410 (10-3-88).
(b) The residential provider shall report the following circumstances to the division by telephone no later than the first business day followed by written summaries as requested by the division:
(1) An emergency rendering the residential facility temporarily uninhabitable.
(2) Any fire resulting in injury or property damage.
(3) Death of any resident.
(4) Illness of any resident which requires hospitalization or which renders the resident bedfast for more than seven (7) days.
(5) Suspected or alleged abuse, neglect, or exploitation of a resident which shall also be reported in accordance with IC 12-10-3 to the adult protective services or with IC 31-6-11
[IC 31-6-11 was repealed by P.L. 1-1997, SECTION 157, effective July 1, 1997.]
to the child protective services.
(6) Incidents of serious injury to a resident which require the attention of a physician beyond the initial medical evaluation or treatment and release.
(7) Any change in program administrator.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 9 - COMMUNITY RESIDENTIAL FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Rule 3 - Conditions of Licensure › Section 3-2 - Resident protections

Current through July 10, 2024
Authority: IC 12-28-5-19
Affected: IC 4-21.5; IC 10-13-3-27; IC 12-28-5-12; IC 22-12
Sec. 2.
(a) The provider shall meet all conditions specified in 42 CFR 483.420 (10-1-95).
(b) The provider shall further ensure the following:
(1) A resident is transferred or discharged only for the following:
(A) Medical reasons.
(B) The resident's welfare or that of other residents.
(C) The resident's needs cannot be met as determined by an interdisciplinary team in compliance with IC 12-11-2
[IC 12-11-2 was repealed by P.L. 272-1999, SECTION 66, effective July 1, 1999.]
.
(D) Failure to comply with IC 12-11-1-5
[IC 12-11-1 was repealed by P.L. 272-1999, SECTION 66, effective July 1, 1999.]
.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 9 - COMMUNITY RESIDENTIAL FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Rule 3 - Conditions of Licensure › Section 3-3 - Facility staffing

Current through July 10, 2024
Authority: IC 12-28-5-19
Affected: IC 4-21.5; IC 12-28-5-12; IC 22-12
Sec. 3.
(a) The residential facility shall meet all conditions specified in 42 CFR 483.430 (10-1-95).
(b) Orientation to the facility shall be as follows:
(1) Each residential facility shall have a written orientation plan for all residential staff. The orientation plan shall include, but not be limited to, the following:
(A) A review of the policy and procedure manual.
(B) Emergency procedures and appropriate telephone numbers.
(C) On-the-job observation and training.
(D) Any other suitable training required by the facility policy.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 9 - COMMUNITY RESIDENTIAL FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Rule 3 - Conditions of Licensure › Section 3-4 - Active treatment services

Current through July 10, 2024
Authority: IC 12-28-5-19
Affected: IC 4-21.5; IC 12-28-5-12; IC 22-12
Sec. 4.
(a) The provider shall meet all conditions specified in 42 CFR 483.440 (10-1-95).
(b) The provider shall obtain day services for each resident which:
(1) meet the criteria and certification requirements established by the division of aging and rehabilitative services for all day service providers;
(2) meet the resident's active treatment needs set forth in the resident's individual program plan as determined by the interdisciplinary team conference with preference for services in the least restrictive environment; and
(3) are approved by the case manager, and in those situations where the resident is receiving vocational rehabilitation funded services, also by the vocational rehabilitation counselor.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 9 - COMMUNITY RESIDENTIAL FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Rule 3 - Conditions of Licensure › Section 3-5 - Resident behavior and facility practices

Current through July 10, 2024
Authority: IC 12-28-5-19
Affected: IC 4-21.5; IC 12-28-5-12; IC 22-12
Sec. 5.
(a) The provider shall meet all conditions specified in 42 CFR 483.450 (10-1-95).
(b) Consideration shall be given to the residents' ages, developmental levels, and social needs and other arrangements that would promote the development of all those living together. Residences for children shall serve only children, and residences for adults shall serve only adults, except as provided in subsection (c).
(c) In the event that one (1) or more residents of a children's facility shall have reached eighteen (18) years of age or older and shall no longer participate in a special education program, if it is determined by the interdisciplinary team that it is in the best interest of the residents to remain living as a family, then the provider shall submit a plan and request approval from the council to convert the program orientation of the facility to an appropriate licensure category for adults in a reasonable period of time. If this approval is given, children and adults may continue to reside together in the same facility.
Transferred from the Community Residential Facilities Council ( 431 IAC 1.1-3-5 ) to the Division of Disability and Rehabilitative Services ( 460 IAC 9-3-5 ) by P.L. 229-2011, SECTION 154, effective July 1, 2011.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 9 - COMMUNITY RESIDENTIAL FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Rule 3 - Conditions of Licensure › Section 3-6 - Health care services

Current through July 10, 2024
Authority: IC 12-28-5-19
Affected: IC 4-21.5; IC 12-28-5-12; IC 22-12
Sec. 6.
(a) The provider shall meet all conditions specified in 42 CFR 483.460 (10-1-95), except 42 CFR 483.460(c)(3) (10-1-95).
(b) All personnel who administer medication to residents or observe residents self-administering medication shall have received and successfully completed training using materials approved by the council.
Transferred from the Community Residential Facilities Council ( 431 IAC 1.1-3-6 ) to the Division of Disability and Rehabilitative Services ( 460 IAC 9-3-6 ) by P.L. 229-2011, SECTION 154, effective July 1, 2011.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 9 - COMMUNITY RESIDENTIAL FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Rule 3 - Conditions of Licensure › Section 3-7 - Physical environment

Current through July 10, 2024
Authority: IC 12-28-5-19
Affected: IC 4-21.5; IC 12-28-4-7; IC 12-28-5-12; IC 16-18-2-167; IC 22-12
Sec. 7.
(a) The provider shall meet all conditions specified in 42 CFR 483.470 (10-1-95).
(b) Each residential facility shall be located in a residential neighborhood. The location, design, construction, and furnishings of each home shall be appropriate to the program, homelike, and conducive to the achievements of optimal development by the residents. No sign shall be erected which might set the facility apart from other residences in the area. The intent of this rule concerning the standards for licensure of facilities for persons with developmental disabilities is a clear pronouncement of the state of Indiana's commitment to end the unnecessary exclusion of persons with developmental disabilities from the American mainstream.
(c) No residential facility shall be licensed by the council if it is within one thousand (1,000) feet of another community residential facility from the nearest point on the lot line closest to the facility. The council, upon written request and upon a majority vote of the membership present at a meeting, may waive the one thousand (1,000) foot limitation for particular residential facilities. Such waiver:
(1) shall conform to the intent of the rule; and
(2) once given, will remain as long as the facility is licensed as a residential facility.