2013 Indiana Code
TITLE 12. HUMAN SERVICES
ARTICLE 28. MISCELLANEOUS PROVISIONS CONCERNING MENTAL ILLNESS AND DEVELOPMENTAL DISABILITIES
CHAPTER 4. RESIDENTIAL FACILITIES FOR DEVELOPMENTALLY DISABLED INDIVIDUALS AND MENTALLY ILL INDIVIDUALS
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IC 12-28-4
Chapter 4. Residential Facilities for Developmentally Disabled
Individuals and Mentally Ill Individuals
IC 12-28-4-1
Application of chapter
Sec. 1. This chapter applies to residential facilities for both
individuals with a developmental disability and individuals with a
mental illness.
As added by P.L.2-1992, SEC.22. Amended by P.L.99-2007,
SEC.137.
IC 12-28-4-2
Planning authority defined
Sec. 2. As used in this chapter, "planning authority" means the
agency of county, city, or town government that performs the
planning function under IC 36-7 for the land on which a residential
facility may be placed.
As added by P.L.2-1992, SEC.22.
IC 12-28-4-3
Staffing; daily living, self-help, and social skills needs of recipients;
Medicaid; federal financial participation
Sec. 3. Residential facilities for individuals with a developmental
disability must have sufficient qualified training and habilitation
support staff so that the residential facility, regardless of organization
or design, has appropriately qualified and adequately trained staff
(not necessarily qualified mental retardation professionals (as
defined in 42 CFR 442.401)) to conduct the activities of daily living,
self-help, and social skills that are minimally required based on each
recipient's needs and, if appropriate, for federal financial
participation under the Medicaid program.
As added by P.L.2-1992, SEC.22. Amended by P.L.99-2007,
SEC.138.
IC 12-28-4-4
Staffing limitations for facilities certified for financial participation
under Medicaid program
Sec. 4. For residential facilities for individuals with a
developmental disability that are certified for financial participation
under the Medicaid program, the division of disability and
rehabilitative services shall recommend staffing limitations
consistent with the program needs of the residents as a part of the
office of Medicaid policy and planning's rate setting procedures.
As added by P.L.2-1992, SEC.22. Amended by P.L.4-1993, SEC.208;
P.L.5-1993, SEC.221; P.L.141-2006, SEC.69; P.L.99-2007,
SEC.139.
IC 12-28-4-5
Staffing limitations for facilities not certified for financial
participation under Medicaid program
Sec. 5. For residential facilities for individuals with a
developmental disability that are not certified for financial
participation under the Medicaid program, the division of disability
and rehabilitative services shall approve appropriate staffing
limitations consistent with the program needs of the residents as a
part of the division's rate setting procedures.
As added by P.L.2-1992, SEC.22. Amended by P.L.4-1993, SEC.209;
P.L.5-1993, SEC.222; P.L.141-2006, SEC.70; P.L.99-2007,
SEC.140.
IC 12-28-4-6
Staffing limitations; memorandum of agreement
Sec. 6. The office of Medicaid policy and planning and the
division of disability and rehabilitative services shall enter into a
memorandum of agreement that defines the staffing limitations to be
used by the office of Medicaid policy and planning in establishing
reimbursement rates. The staffing limitations under section 5 of this
chapter may not exceed the staffing limitations defined by the
memorandum of agreement between the office of Medicaid policy
and planning and the division of disability and rehabilitative services
under section 4 of this chapter.
As added by P.L.2-1992, SEC.22. Amended by P.L.4-1993, SEC.210;
P.L.5-1993, SEC.223; P.L.141-2006, SEC.71.
IC 12-28-4-7
Zoning ordinances; residential facilities for individuals with a
mental illness
Sec. 7. (a) A zoning ordinance (as defined in IC 36-7-1-22) may
not exclude a residential facility for individuals with a mental illness
from a residential area solely because the residential facility is a
business or because the individuals residing in the residential facility
are not related. The residential facility may be required to meet all
other zoning requirements, ordinances, and laws.
(b) A zoning ordinance may exclude a residential facility for
individuals with a mental illness from a residential area if the
residential facility will be located within three thousand (3,000) feet
of another residential facility for individuals with a mental illness, as
measured between lot lines.
As added by P.L.2-1992, SEC.22. Amended by P.L.99-2007,
SEC.141.
IC 12-28-4-8
Zoning ordinances; residential facilities for individuals with a
developmental disability
Sec. 8. (a) A residential facility for individuals with a
developmental disability:
(1) for not more than eight (8) individuals with a developmental
disability; and
(2) established under a program authorized by
IC 12-11-1.1-1(e)(1) or IC 12-11-1.1-1(e)(2);
is a permitted residential use that may not be disallowed by any
zoning ordinance (as defined in IC 36-7-1-22) in a zoning district or
classification that permits residential use.
(b) A zoning ordinance may only require a residential facility
described in subsection (a) to meet the same:
(1) zoning requirements;
(2) developmental standards; and
(3) building codes;
as other residential structures or improvements in the same
residential zoning district or classification.
As added by P.L.2-1992, SEC.22. Amended by P.L.272-1999,
SEC.48; P.L.99-2007, SEC.142.
IC 12-28-4-9
Covenants created before April 1, 1988, restricting residential
facilities for persons with a developmental disability or mental
illness
Sec. 9. (a) This section applies to each restriction, reservation,
condition, exception, or covenant that is created before April 1, 1988,
in any subdivision plat, deed, or other instrument of, or pertaining to,
the transfer, sale, lease, or use of property.
(b) A restriction, a reservation, a condition, an exception, or a
covenant in a subdivision plat, deed, or other instrument of, or
pertaining to, the transfer, sale, lease, or use of property that would
permit the residential use of property but prohibit the use of that
property as a residential facility for individuals with a developmental
disability or individuals with a mental illness:
(1) on the ground that the residential facility is a business;
(2) on the ground that the individuals residing in the residential
facility are not related; or
(3) for any other reason;
is, to the extent of the prohibition, void as against the public policy
of the state.
As added by P.L.2-1992, SEC.22. Amended by P.L.99-2007,
SEC.143.
IC 12-28-4-10
Covenants created on or after April 1, 1988, restricting residential
facilities for persons with a developmental disability or mental
illness
Sec. 10. (a) This section applies to each restriction, reservation,
condition, exception, or covenant that is created on or after April 1,
1988, in any subdivision plat, deed, or other instrument of, or
pertaining to, the transfer, sale, lease, or use of property.
(b) A restriction, a reservation, a condition, an exception, or a
covenant in a subdivision plat, deed, or other instrument of, or
pertaining to, the transfer, sale, lease, or use of property that would
permit the residential use of property but prohibit the use of that
property as a residential facility for individuals with a developmental
disability or individuals with a mental illness:
(1) on the ground that the residential facility is a business;
(2) on the ground that the individuals residing in the residential
facility are not related; or
(3) for any other reason;
is, to the extent of the prohibition, void as against the public policy
of the state.
As added by P.L.2-1992, SEC.22. Amended by P.L.99-2007,
SEC.144.
IC 12-28-4-11
Repealed
(Repealed by P.L.6-1995, SEC.39.)
IC 12-28-4-12
Establishment of facilities by division; priority given counties with
low ratios of resident facility beds; recruiting private operators
Sec. 12. (a) Subject to the availability of money and consistent
with needs assessment, the division of disability and rehabilitative
services shall give priority to the establishment of residential
facilities, other than the facilities described in section 3 of this
chapter, in counties in which the ratio of the number of residential
facility beds to county population is in the lowest twenty-five percent
(25%) when compared to all other Indiana counties. The division of
disability and rehabilitative services may operate residential facilities
established under this section.
(b) Before the division of disability and rehabilitative services
takes any steps to establish a residential facility under this section,
the division shall place at least two (2) legal advertisements in a
newspaper having a general circulation in the county. These
advertisements must be aimed at recruiting private parties to serve as
operators of residential facilities in the county. The advertisements
must be published at intervals at least one (1) month apart.
As added by P.L.2-1992, SEC.22. Amended by P.L.4-1993, SEC.212;
P.L.5-1993, SEC.225; P.L.141-2006, SEC.72.
IC 12-28-4-13
Development and lease effort
Sec. 13. (a) The division of disability and rehabilitative services
may operate a program known as the development and lease effort.
Under the program, the division of disability and rehabilitative
services may develop contracts under which the state agrees to lease
buildings from private parties for use as residential facilities for
individuals with a mental illness or individuals with autism or other
individuals with a developmental disability. Notwithstanding any
other law, each contract may include provisions that ensure the
following:
(1) That the state will lease a building for not more than ten
(10) years for use as a residential facility for individuals with
autism.
(2) That the state will retain the right to extend the term of the
lease for not more than ten (10) years at the conclusion of the
first ten (10) years.
(3) That the state will retain the right to sublease the building to
a person who agrees to operate the building as a residential
facility for individuals with autism under this chapter.
(b) Leases entered into under this section are subject to the
approval of the Indiana department of administration, the attorney
general, the governor, and the budget agency, as provided by law.
As added by P.L.2-1992, SEC.22. Amended by P.L.4-1993, SEC.213;
P.L.5-1993, SEC.226; P.L.141-2006, SEC.73; P.L.99-2007,
SEC.145.
IC 12-28-4-14
Rules
Sec. 14. The community residential facilities council may adopt
rules under IC 4-22-2 to implement this chapter.
As added by P.L.2-1992, SEC.22.
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