2013 Indiana Code
TITLE 12. HUMAN SERVICES
ARTICLE 10.5. RESPITE CARE SERVICES
CHAPTER 1. CARETAKER SUPPORT PROGRAM
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IC 12-10.5
ARTICLE 10.5. RESPITE CARE SERVICES
IC 12-10.5-1
Chapter 1. Caretaker Support Program
IC 12-10.5-1-1
"Caretaker"
Sec. 1. As used in this chapter, "caretaker" means an individual
who:
(1) provides ongoing care for an individual who:
(A) is at least eighteen (18) years of age; and
(B) has special needs; and
(2) does not receive money for the care provided under
subdivision (1).
As added by P.L.274-2003, SEC.6.
IC 12-10.5-1-2
"Special needs"
Sec. 2. As used in this chapter, "special needs" means any of the
following:
(1) Alzheimer's disease or any related disorder.
(2) Inability to perform at least two (2) activities of daily living.
(3) Any other condition that the division determines by rule
should be covered by this article.
As added by P.L.274-2003, SEC.6.
IC 12-10.5-1-3
Establishment of program
Sec. 3. The caretaker support program is established.
As added by P.L.274-2003, SEC.6.
IC 12-10.5-1-4
Administration of program; adoption of rules
Sec. 4. (a) The division of aging established by IC 12-9.1-1-1 shall
administer the caretaker support program established under this
chapter.
(b) The division of aging shall do the following:
(1) Subject to section 9 of this chapter, adopt rules under
IC 4-22-2 for the coordination and administration of the
caretaker support program.
(2) Administer any money for the caretaker support program
that is appropriated by the general assembly.
As added by P.L.274-2003, SEC.6. Amended by P.L.37-2005, SEC.1;
P.L.141-2006, SEC.45.
IC 12-10.5-1-5
Eligibility for program
Sec. 5. An individual who is at least sixty-five (65) years of age
and:
(1) a caretaker; or
(2) an individual with special needs being taken care of by a
caretaker;
is eligible for the caretaker support program.
As added by P.L.274-2003, SEC.6.
IC 12-10.5-1-6
Included services
Sec. 6. Caretaker support program services include the following
services administered by the area agencies on aging:
(1) Information for caretakers about available services.
(2) Assistance to caretakers in gaining access to the services.
(3) Individual counseling, organization of support groups, and
caretaker training to assist caretakers in making decisions and
solving problems in the individual's role as caretaker.
(4) Respite care to offer caretakers temporary relief from
caretaker responsibilities.
As added by P.L.274-2003, SEC.6.
IC 12-10.5-1-7
Development of client cost share formula
Sec. 7. The division shall develop and implement a client cost
share formula for respite care services.
As added by P.L.274-2003, SEC.6.
IC 12-10.5-1-8
Use of volunteers
Sec. 8. When possible, the division shall make use of volunteers
and volunteer groups, including faith based groups, when executing
its duties under this article.
As added by P.L.274-2003, SEC.6.
IC 12-10.5-1-9
Rule adoption; consultation with interested parties; requirements
for rules; publication of comments received
Sec. 9. (a) Before finally adopting a rule under IC 4-22-2 to
implement this chapter, the division shall consult with and fully
consider any comments submitted by:
(1) caretakers providing care for a special needs individual
under this chapter;
(2) individuals with special needs receiving care from a
caretaker under this chapter;
(3) area agencies on aging;
(4) consumers and providers of home and community based
services under IC 12-10-10 and IC 12-10-11.5; and
(5) any other agency, volunteer group, faith based group, or
individual that the division considers appropriate;
to ensure that the rule complies with the requirements set forth in
subsection (b).
(b) Rules adopted under this chapter must:
(1) include protections for the rights, safety, and welfare of
individuals with special needs receiving care from a caretaker
under this chapter, including reasonable monitoring and
reporting requirements;
(2) serve distinct populations, including:
(A) the aged;
(B) persons with developmental disabilities; and
(C) persons with physical disabilities;
in a manner that recognizes, and appropriately responds to, the
particular needs of the population;
(3) not create barriers to the availability of home and
community based services under IC 12-10-10 and IC 12-10-11.5
by imposing costly or unduly burdensome requirements on
caretakers or other service providers, including:
(A) requirements for proof of financial responsibility; and
(B) monitoring, enforcement, reporting, or other
administrative requirements; and
(4) otherwise comply with IC 12-10-10, IC 12-10-11.5, and this
chapter.
(c) Before submitting a rule adopted under this chapter to the
attorney general for final approval under IC 4-22-2-31, the division
shall submit to the publisher (as defined in IC 4-22-2-3(f)) for
publication in the Indiana Register the division's written response
under IC 4-22-2-23 to any comments received from the parties
described in subsection (a). Submissions to the publisher shall be
made in the electronic format specified by the publisher.
As added by P.L.37-2005, SEC.2. Amended by P.L.123-2006,
SEC.26.
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