reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-31 - "Variance" defined

Current through July 10, 2024
Authority: IC 31-33-1.5-11; P.L. 234-2005, SECTION 194
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. No variance shall be granted from the conditions listed
				  in sections 58 and 59 of this rule.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-31 ) to the Department of Child Services ( 465 IAC 2-9-31 ) 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 9 - Children's Homes and Child Caring Institutions › Section 9-32 - "Waiver" defined

Current through July 10, 2024
Authority: IC 31-33-1.5-11; P.L. 234-2005, SECTION 194
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. No waiver shall be
				  granted from the conditions listed in sections 58 and 59 of this rule.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-32 ) to the Department of Child Services ( 465 IAC 2-9-32 ) 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 9 - Children's Homes and Child Caring Institutions › Section 9-33 - Licensing procedures

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 33.
(a) The
				licensee shall submit a separate application for each license
				required.
(b) An application for a
				license to operate a child caring institution shall be submitted to the SDPW by
				the administrator or other person designated by the governing body on forms
				provided for that purpose by the SDPW.
(c) An application for renewal of licensure
				shall be submitted annually to the SDPW by a child caring institution which
				wishes to have its license renewed.
(d) A new child caring institution shall
				receive a six (6) month provisional license for its initial licensure to permit
				evaluation of the program by the SDPW.
(e) A child caring institution shall not care
				for children under the age of six (6) years.
(f) The license shall be posted in a
				conspicuous place in the child caring institution.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-33 ) to the Department of Child Services ( 465 IAC 2-9-33 ) 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 9 - Children's Homes and Child Caring Institutions › Section 9-34 - 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 9 - Children's Homes and Child Caring Institutions › Section 9-35 - Waivers and variances

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 35.
(a) The
				child caring institution shall submit a written request to SDPW for a waiver or
				variance as follows:
(1) For a waiver, the
				written request shall show documentation that compliance will create an undue
				hardship on the applicant.
(2) For
				a variance, the written request shall show documentation of the need and the
				alternate method of compliance.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-36 - 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 9 - Children's Homes and Child Caring Institutions › Section 9-37 - 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 9 - Children's Homes and Child Caring Institutions › Section 9-38 - 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) Employees, including
				the administrator, shall not constitute a majority membership in the governing
				body.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-38 ) to the Department of Child Services ( 465 IAC 2-9-38 ) 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 9 - Children's Homes and Child Caring Institutions › Section 9-39 - 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 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 9 - Children's Homes and Child Caring Institutions › Section 9-40 - Admission

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 40.
(a)
				Admission policies shall be clearly defined and stated in writing.
(b) The child caring institution shall
				obtain, prior to admission of a child, information about the child and family
				circumstances to determine whether care in the child caring institution is in
				the best interest of the child.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-40 ) to the Department of Child Services ( 465 IAC 2-9-40 ) 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 9 - Children's Homes and Child Caring Institutions › Section 9-41 - 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 3-11-41 ) to the Department of Child Services ( 465 IAC 2-9-41 ) 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 9 - Children's Homes and Child Caring Institutions › Section 9-42 - 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 3-11-42 ) to the Department of Child Services ( 465 IAC 2-9-42 ) 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 9 - Children's Homes and Child Caring Institutions › Section 9-43 - 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 3-11-43 ) to the Department of Child Services ( 465 IAC 2-9-43 ) 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 9 - Children's Homes and Child Caring Institutions › Section 9-44 - 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.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-45 - Volunteer records

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 45.
The child caring institution shall maintain a record of the
				  following information for each volunteer:
(1) Name, address, and telephone
				number.
(2) Name, address, and
				telephone number of the person to be notified in the event of an
				emergency.
(3) Documentation of
				reference with an evaluation of the following:
(A) Ability, character, and suitability for
				working with children.
(B)
				Orientation and training, as required under section 54 of this rule.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-46 - Child's records

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 46.
(a) The
				child caring institution shall maintain a record of the following information
				for each child admitted:
(1) Name.
(2) Sex.
(3) Date of birth.
(4) Name, address, and marital status of both
				parents.
(5) Name, age, and address
				of child's brothers and sisters, step or half-brothers and sisters, and near
				relatives.
(6) Religious
				information necessary to provide appropriate services.
(7) Information upon which the admission
				decision was based.
(8) Name of
				agencies which have had contact with the child and the family and dates of
				contacts.
(9) Name and address of
				person or placing agency requesting admission.
(10) Date of admission.
(11) Written agreement with the placing
				agency or person.
(12) A copy of
				the court order or other document authorizing placement of the child in the
				child caring institution.
(13) SDPW
				case plan, if applicable.
(14)
				Initial assessment of child and family and resulting treatment plan.
(15) Written quarterly progress reports and
				six (6) month treatment plan revisions.
(16) Documentation of efforts to provide
				services to the child's family.
(17) Documentation of any discipline of a
				child which results in an injury.
(18) School report, including teachers'
				evaluation of child's progress.
(19) Report by any specialist, such as
				psychiatrist or psychologist, if applicable.
(20) Discharge information required under
				section 67 of this rule.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-47 - Employee qualifications; generally

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 47.
The child caring institution shall employ staff who are
				  qualified by education, training, and experience for their assigned
				  responsibility. An employee who is in a position on the effective date of this
				  rule and who was qualified for that position under the previous rule 470 IAC
				  3-3
[ 470 IAC 3-3 was repealed filed Jun 27, 1991, 12:00 p.m.: 14 IR
				  1981.]
, is exempted from this rule.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-47 ) to the Department of Child Services ( 465 IAC 2-9-47 ) 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 9 - Children's Homes and Child Caring Institutions › Section 9-48 - Administrative and supervisory personnel

Current through July 10, 2024
Authority: IC 31-27-2-4
Affected: IC 31-27-3
Sec. 48.
(a) The
				child-caring institution shall employ staff to perform administrative,
				supervisory, service, and direct care functions.
(b) Functions may be combined only upon the
				approval of the department.
(c)
				When nondirect care functions have been approved by the department and are
				combined, the staff member shall meet the requirements for each
				function.
(d) The administrator
				shall be at least twenty-five (25) years of age and have a master's degree or
				higher from an accredited school in:
(1)
				social work;
(2) counseling;
				or
(3) a related human service area
				of study.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-49 - Professional personnel

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 49.
(a) The
				staff, hereafter referred to as caseworker, who perform casework or group work
				tasks, counseling with children and their families, or planning of services for
				children and their families, shall have a master's degree in social work,
				psychology, or counseling from an accredited school. The caseworker may have a
				bachelor's degree in social work, psychology, counseling, or a related area of
				study from an accredited school if under the supervision of a person holding a
				master's degree in social work, psychology, or counseling.
(b) Professional staff which are full-time,
				part-time, or consulting, including psychologists, psychiatrists, physicians,
				dentists, teachers, and nurses, shall meet the respective licensing or
				certification requirements of their profession in the state of
				Indiana.
(c) The institution shall
				have at least one (1) caseworker as defined by this section for every
				twenty-four (24) children in care.
(d) The institution shall employ a supervisor
				for casework staff when the institution employs six (6) or more caseworkers.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-49 ) to the Department of Child Services ( 465 IAC 2-9-49 ) 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 9 - Children's Homes and Child Caring Institutions › Section 9-50 - Direct care personnel; child-staff ratios

Current through July 10, 2024
Authority: IC 31-27-2-4
Affected: IC 31-27-3
Sec. 50.
(a) The
				staff members responsible for the daily direct care and supervision of the
				children shall:
(1) be at least twenty-one
				(21) years of age; and
(2) have at
				least a high school or equivalency diploma.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-51 - Volunteers

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 51.
(a) A child
				caring institution which utilizes volunteers shall have and follow a written
				plan. The plan shall include provision for the following:
(1) Reference checks.
(2) Supervision by a paid staff
				member.
(3) Orientation and
				training in the philosophy of the child caring institution, the needs of
				children in care, and the methods of meeting those needs.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-52 - Students

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 52.
Graduate or undergraduate students in a field work placement
				  at the child caring institution shall be subject to the general personnel
				  policies of the child caring institution, but shall not be considered or used
				  as substitutes for employed staff.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-52 ) to the Department of Child Services ( 465 IAC 2-9-52 ) 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 9 - Children's Homes and Child Caring Institutions › Section 9-53 - Relief staff

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 53.
(a) The
				child caring institution shall employ a sufficient number of qualified persons
				to provide care and supervision for the children at all times.
(b) The child caring institution shall
				operate and maintain the program without depending on the work of the children
				or detracting from the primary work of direct care workers in the care and
				supervision of children.
(c) The
				child caring institution shall provide planned relief for direct care staff.
				The child caring institution shall have qualified relief staff to substitute
				for direct care staff for sick leave, vacation, relief time, and other
				absences.
(d) The administrator
				shall designate in writing a staff member on the premises to be in charge when
				the administrator is absent. The designated staff member shall have sufficient
				knowledge of SDPW requirements and emergency procedures to make appropriate
				decisions.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-53 ) to the Department of Child Services ( 465 IAC 2-9-53 ) 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 9 - Children's Homes and Child Caring Institutions › Section 9-54 - Staff development

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 54.
(a) The
				child caring institution shall have a written plan for the orientation, ongoing
				training, and development of all staff members.
(b) The child caring institution shall
				provide each new staff member planned job orientation within two (2) weeks of
				the starting date of employment.
(c) Staff members working directly with
				children shall receive at least twenty (20) clock hours of training activities
				during each full year of employment. Part-time staff members shall receive at
				least ten (10) hours of training activities during each full year of
				employment. Activities related to supervision of the staff member's routine
				tasks shall not be considered training activities for the purposes of this
				section.
(d) The child caring
				institution shall document that each staff member working directly with
				children receives training in the following areas:
(1) Administrative procedures and overall
				program goals.
(2) Principles and
				practices of child care.
(3) Family
				relationships and the impact of separation.
(4) Behavior management techniques.
(5) Emergency and safety
				procedures.
(6) Identification and
				reporting of child abuse and neglect.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-55 - Daily routines

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 55.
(a) The
				child caring institution shall provide the children with a daily routine which
				is planned to develop healthful habits in eating, sleeping, and
				exercising.
(b) The child caring
				institution shall provide each child with training and assistance in
				maintaining good habits of personal care and hygiene, including bathing,
				brushing teeth, grooming, and changing soiled or wet clothing as
				needed.
(c) The daily routine shall
				provide time for privacy and individual pursuits of each child, including
				provision for opportunity to be away from the group when it is necessary and
				safe for the child to be alone.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-55 ) to the Department of Child Services ( 465 IAC 2-9-55 ) 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 9 - Children's Homes and Child Caring Institutions › Section 9-56 - Personal items

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 56.
(a) The
				child caring institution shall provide each child with individually selected
				and fitted clothing, suitable for the child's age, sex, activities, and
				appropriate for the season and current weather conditions.
(b) The child caring institution shall
				involve the child in the selection, care, and maintenance of personal clothing
				as appropriate to the child's age and ability.
(c) The child caring institution shall allow
				each child to own and acquire clothing, toys, and personal belongings
				appropriate to age and development.
(d) The child caring institution shall
				provide storage space within reach of the child for personal possessions,
				clothing, and supplies.
(e) The
				child caring institution shall give each child an allowance for personal
				expenses.
(f) The child caring
				institution shall give all personal belongings and clothing to the child when
				care is terminated.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-56 ) to the Department of Child Services ( 465 IAC 2-9-56 ) 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 9 - Children's Homes and Child Caring Institutions › Section 9-57 - Discipline and guidance

Current through July 10, 2024
Authority: IC 31-33-1.5-11; P.L. 234-2005, SECTION 194
Affected: IC 12-17.4
Sec. 57.
(a) The
				child caring institution shall:
(1) have a
				written discipline policy; and
(2)
				make the policy available to:
(A) placement
				agencies;
(B) staff;
(C) parents; and
(D) children in care.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-58 - Confinement rooms

Current through July 10, 2024
Authority: IC 31-33-1.5-11; P.L. 234-2005, SECTION 194
Affected: IC 12-17.4
Sec. 58.
(a) Prior
				to the establishment of a confinement room, the institution shall have written
				approval from the SDPW.
(b) A
				confinement room shall be used only when a child:
(1) is in danger of harming himself or
				herself or others; and
(2) has not
				responded to any other treatment approaches.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-59 - Physical restraints

Current through July 10, 2024
Authority: IC 31-33-1.5-11; P.L. 234-2005, SECTION 194
Affected: IC 12-17.4
Sec. 59.
(a)
				Physical restraint shall be used only if:
(1)
				the child is a clear and present danger to himself or herself or others;
				and
(2) therapeutic crisis
				intervention techniques:
(A) have been
				attempted and failed; or
(B) are
				diagnostically eliminated prior to use.
Under no circumstance shall mechanical restraints be utilized
				  to control a child's behavior.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-60 - Education

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 60.
(a) Each
				child shall be given the same opportunity for education as other children in
				the community.
(b) Children who are
				wards of the SDPW shall attend only public schools or private schools with
				appropriately certified teachers by the state department of education for the
				age group and classes they teach. This requirement shall include any on-grounds
				schools.
(c) When children in
				residence attend a school off-grounds and when transportation to and from
				school is not provided by the school, the child caring institution shall
				provide suitable transportation for the children.
(d) The child caring institution shall
				provide each child not receiving public education under 511 IAC 7-1
[
				511 IAC 7-1 was repealed filed Dec 9, 1991, 8:30 a.m.: 15 IR 558.]
with help in the selection of an occupation and in arrangements for necessary
				vocational training or education, provided that the child will benefit from
				such training or education.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-60 ) to the Department of Child Services ( 465 IAC 2-9-60 ) 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 9 - Children's Homes and Child Caring Institutions › Section 9-61 - Religion

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 61.
(a) The
				child caring institution shall make available the opportunity to participate in
				religious activities in accordance with the child's religious faith in so far
				as is practical.
(b) The child
				caring institution shall have a written description of any religious
				orientation and of particular religious practices that are observed and
				expected of the child. The description shall be distributed prior to admission
				to parents and the placing agency.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-61 ) to the Department of Child Services ( 465 IAC 2-9-61 ) 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 9 - Children's Homes and Child Caring Institutions › Section 9-62 - Work experience

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 62.
(a) The
				child caring institution may use work experience to provide a learning
				experience for children. The child caring institution shall not use such work
				experience as a substitute for staff members.
(b) The child caring institution may provide
				work experience and training which is appropriate to the age, health, and
				ability of the children in care. However, the child caring institution shall
				not require a child to do work which would interfere with time for school,
				study, and recreation periods, religious participation, normal community
				contacts, or visits with family.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-62 ) to the Department of Child Services ( 465 IAC 2-9-62 ) 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 9 - Children's Homes and Child Caring Institutions › Section 9-63 - Recreation

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 63.
(a) The
				child caring institution shall provide a written plan for indoor and outdoor
				recreational and social activities for the children. These activities shall be
				provided in accordance with the ages, abilities, and interest of the children
				participating.
(b) The child caring
				institution shall assign the responsibility for planning and maintaining a
				program of recreational and social activities to a staff member who is given
				adequate time to carry out the responsibility.
(c) The child caring institution shall
				provide the facilities needed for recreation and shall use community
				recreational and social facilities when available and suitable.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-63 ) to the Department of Child Services ( 465 IAC 2-9-63 ) 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 9 - Children's Homes and Child Caring Institutions › Section 9-64 - Visiting; correspondence

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 64.
(a) The
				child caring institution shall have written policies and procedures which
				provide for visits with families, mail, telephone calls, and other forms of
				children's communication with family, friends, and significant
				others.
(b) Denial of home visits
				shall be made only in accordance with the treatment plan as approved by the
				placing agency.
(c) The child
				caring institution shall prohibit overnight visits with staff or persons other
				than the child's family except as such persons are identified by the treatment
				plan for the child and are approved by the placing agency.
(d) The child caring institution shall make
				writing material available to children in care. Each child shall have privacy
				in handling his or her correspondence.
(e) The child caring institution may require
				that a child open his or her mail in the presence of a staff member if there is
				reasonable fear that the contents other than the letter may harm the child or
				others. However, staff persons shall not have the right to withhold a child's
				correspondence without a court order.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-64 ) to the Department of Child Services ( 465 IAC 2-9-64 ) 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 9 - Children's Homes and Child Caring Institutions › Section 9-65 - Transportation

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 65.
(a) If the
				child caring institution provides for transportation of children and staff, any
				vehicle used shall be licensed in accordance with state law and shall be
				maintained in safe operating condition.
(b) The operator shall have a proper license
				to drive such vehicle.
(c) Children
				shall be loaded or unloaded only from the curb side of the vehicle and at the
				curb.
(d) Seat belts shall be used
				for each occupant at all times when the vehicle is in motion, unless the
				vehicle is specifically exempted by state law.
(e) Only that number of children and adults
				for whom there is comfortable seating space shall be transported in one (1)
				vehicle. No child shall be permitted to stand in the vehicle when being
				transported.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-65 ) to the Department of Child Services ( 465 IAC 2-9-65 ) 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 9 - Children's Homes and Child Caring Institutions › Section 9-66 - Treatment plan

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 66.
(a) The
				child caring institution shall have completed a written treatment plan for each
				child within forty-five (45) days of admission and shall provide a copy of the
				plan to the placing agency or placing parent or guardian.
(b) The child caring institution shall
				involve staff members who provide direct care, social services, education,
				recreation, and health services in developing and implementing the treatment
				plan for the child and the family.
(c) The child caring institution shall
				involve the child, the parent, legal guardian, or placing agency when available
				in the development of the treatment plan. Upon request, the parent or guardian
				shall receive a copy of the plan.
(d) The treatment plan shall include an
				assessment of the following with the child and family:
(1) Needs.
(2) Strengths.
(3) Weaknesses.
(4) Problem areas.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-67 - Discharge

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 67.
(a) At the
				time of discharge, the child caring institution shall document the following in
				the child's case record:
(1) A summary of
				services, an assessment of goal achievement, and identification of the needs
				remaining to be met.
(2)
				Recommendations for the child and family following discharge.
(3) The date and reasons for
				discharge.
(4) The name, address,
				telephone number, and relationship of the person or agency to whom the child is
				released.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-68 - Services to families

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 68.
(a) The
				child caring institution shall make efforts to maintain ongoing contact with
				the child's parents, guardian, or other primary caretaker. The child caring
				institution shall encourage these persons to communicate and visit with the
				child in accordance with the treatment plan and in compliance with or subject
				to court orders and any limitations stated therein.
(b) The child caring institution shall
				encourage parents to assume responsibilities for the child and to cooperate
				with the child caring institution in carrying out its plans for him or her. The
				child caring institution shall document efforts to provide services to the
				child's family.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-68 ) to the Department of Child Services ( 465 IAC 2-9-68 ) 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 9 - Children's Homes and Child Caring Institutions › Section 9-69 - Health program requirements; written plan

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 69.
(a) The
				child caring institution shall submit a written, dated health program to the
				SBH on forms provided by that agency. The written program shall be approved by
				the SBH.
(b) The child caring
				institution and the consulting licensed physician shall review and revise as
				necessary the written program and shall submit the program to the SBH every two
				(2) years.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-69 ) to the Department of Child Services ( 465 IAC 2-9-69 ) 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 9 - Children's Homes and Child Caring Institutions › Section 9-70 - Medical services; generally

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 70.
(a) The
				child caring institution shall engage the services of a licensed physician and
				licensed dentist to provide medical and dental examinations and care for the
				children in the child caring institution.
(b) The child caring institution shall report
				each hospitalization or visit to emergency medical facilities to the placing
				agency or the placing parent or guardian.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-70 ) to the Department of Child Services ( 465 IAC 2-9-70 ) 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 9 - Children's Homes and Child Caring Institutions › Section 9-71 - First aid policies and practices

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 71.
(a) The
				child caring institution shall establish written first aid policies for the
				care of illness or injury. The policies shall be dated and signed as approved
				by the consulting licensed physician. The child caring institution and the
				consulting licensed physician shall review the policies every two (2) years in
				conjunction with the written health program and revise them as
				necessary.
(b) First aid policies
				shall include, but are not limited to, directions for the care of the
				following:
(1) Poisoning.
(2) Seizures.
(3) Hemorrhaging.
(4) Artificial respiration.
(5) Choking.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-72 - Medication; disbursement, application

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 72.
(a) The
				giving or application of medication, providing dietary supplements, making
				special variations of diet, and carrying out medical procedures shall be done
				only on written order or prescription from a physician.
(b) Medication prescribed for an individual
				child shall be kept in the original container bearing the original pharmacy
				label showing the prescription number, the date filled, the physician's name,
				directions for use, and the child's name.
(c) When no longer needed, medication shall
				be returned to the physician or destroyed, and notation of such destruction or
				return shall be noted on the child's record. The child caring institution shall
				return unused portions of narcotic prescriptions to the prescribing physician
				or pharmacy.
(d) The consulting
				licensed physician's orders for "as needed" or over-the-counter medications
				shall be posted where such medications are stored.
(e) Medications shall not be administered
				past the expiration date.
(f) The
				staff member administering medication shall record the following information in
				the child's health record:
(1) The date and
				time of day when medication is given.
(2) Why it is given.
(3) How much is given.
(4) By whom administered.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-73 - Psychotropic medication

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 73.
(a) The
				child caring institution shall provide psychotropic medications to a child only
				as prescribed by a licensed physician or licensed psychiatrist who has the
				responsibility for the diagnosis, treatment, and therapeutic planning for the
				child.
(b) The child caring
				institution shall obtain from the prescribing licensed physician a written
				report at least every thirty (30) days for each child receiving psychotropic
				medication. The written report shall state the reasons medication is being
				continued, discontinued, or changed, as well as any recommended changes in the
				treatment goals and planning. The report shall be based on the licensed
				physician's review of reports by staff as well as the physician's actual
				observation of the child at least every ninety (90) days.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-73 ) to the Department of Child Services ( 465 IAC 2-9-73 ) 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 9 - Children's Homes and Child Caring Institutions › Section 9-74 - Storage of medication

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 74.
(a) The
				child caring institution shall store all medication in a locked cabinet, box,
				or drawer and in a safe place, not accessible to children.
(b) Medication not requiring refrigeration
				shall not be stored in the kitchen.
(c) Medication requiring refrigeration shall
				be stored in a plastic container covered and clearly labeled "medication".
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-74 ) to the Department of Child Services ( 465 IAC 2-9-74 ) 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 9 - Children's Homes and Child Caring Institutions › Section 9-75 - Health requirements for children

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 75.
(a) The
				child caring institution shall obtain from the placing agency or placing parent
				a statement indicating whether or not the child has, to the best of the
				applicant's knowledge, been exposed to a communicable disease within three (3)
				weeks prior to the date of admission.
(b) Each child shall receive a health
				examination by a licensed physician within three (3) months prior to admission,
				or not later than two (2) weeks after admission. The examination shall include
				the following:
(1) Health history.
(2) Physical examination.
(3) Vision and hearing screening.
(4) A Mantoux intradermal skin test for
				tuberculosis if the last such test is known to be negative or if there is no
				record of a test. If the Mantoux test is positive the child shall have a
				diagnostic chest x-ray and other indicated laboratory test to determine whether
				or not the disease is in an infectious state.
(5) A written statement from the licensed
				physician that in the physician's opinion there is no health condition that
				would be hazardous either to the child or to other children in the child caring
				institution.
(6) A statement of the
				medical findings, including physical defects and need for dental care, state of
				development, and ability of the child to take part in group activities, or a
				schedule of permitted activities if activities need to be limited.
(7) A health examination, including a Mantoux
				tuberculin test annually and whenever there is reason to suspect that the child
				may have a condition hazardous or potentially hazardous to others or whenever
				the child's general condition indicates the need for an examination.