2013 Indiana Code
TITLE 12. HUMAN SERVICES
ARTICLE 28. MISCELLANEOUS PROVISIONS CONCERNING MENTAL ILLNESS AND DEVELOPMENTAL DISABILITIES
CHAPTER 5. DUTIES OF THE DIVISION
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IC 12-28-5
Chapter 5. Duties of the Division
IC 12-28-5-1
Repealed
(Repealed by P.L.229-2011, SEC.273.)
IC 12-28-5-2
Repealed
(Repealed by P.L.229-2011, SEC.273.)
IC 12-28-5-3
Repealed
(Repealed by P.L.229-2011, SEC.273.)
IC 12-28-5-4
Repealed
(Repealed by P.L.229-2011, SEC.273.)
IC 12-28-5-5
Repealed
(Repealed by P.L.229-2011, SEC.273.)
IC 12-28-5-6
Repealed
(Repealed by P.L.229-2011, SEC.273.)
IC 12-28-5-7
Repealed
(Repealed by P.L.229-2011, SEC.273.)
IC 12-28-5-8
Repealed
(Repealed by P.L.229-2011, SEC.273.)
IC 12-28-5-9
Repealed
(Repealed by P.L.229-2011, SEC.273.)
IC 12-28-5-10
Duties
Sec. 10. The division shall do the following:
(1) Determine the current and projected needs of each
geographic area of Indiana for residential services for
individuals with a developmental disability and, beginning July
1, 2012, annually report the findings to the division of disability
and rehabilitative services advisory council established by
IC 12-9-4-2.
(2) Determine how the provision of developmental or
vocational services for residents in these geographic areas
affects the availability of developmental or vocational services
to individuals with a developmental disability living in their
own homes and, beginning July 1, 2012, report the findings to
the division of disability and rehabilitative services advisory
council established by IC 12-9-4-2.
(3) Develop standards for licensure of supervised group living
facilities regarding the following:
(A) A sanitary and safe environment for residents and
employees.
(B) Classification of supervised group living facilities.
(C) Any other matters that will ensure that the residents will
receive a residential environment.
(4) Develop standards for the approval of entities providing
supported living services.
As added by P.L.2-1992, SEC.22. Amended by P.L.23-1992, SEC.9;
P.L.2-1993, SEC.116; P.L.4-1993, SEC.215; P.L.5-1993, SEC.228;
P.L.6-1995, SEC.29; P.L.255-1996, SEC.8; P.L.263-2001, SEC.4;
P.L.141-2006, SEC.75; P.L.99-2007, SEC.147; P.L.197-2011,
SEC.45; P.L.229-2011, SEC.149; P.L.6-2012, SEC.99.
IC 12-28-5-11
License required for supervised group living facilities
Sec. 11. (a) A supervised group living facility must have a license
or provisional license issued under this chapter to operate.
(b) An entity that provides supported living services must be
approved by the division under this chapter to operate.
As added by P.L.2-1992, SEC.22. Amended by P.L.6-1995, SEC.30;
P.L.263-2001, SEC.5; P.L.229-2011, SEC.150.
IC 12-28-5-12
Supervised group living facility entitled to license; location
Sec. 12. (a) The division may license only those supervised group
living facilities that:
(1) meet the standards established under section 10 of this
chapter; and
(2) are necessary to provide adequate services to individuals
with a developmental disability in that geographic area.
(b) Notwithstanding 431 IAC 1.1-3-7(c) and 431 IAC 1.1-3-7(d),
the division shall license one (1) supervised group living facility that
is located less than one thousand (1,000) feet from another
supervised group living facility or a sheltered workshop under the
following conditions:
(1) Both of the supervised group living facilities meet all
standards for licensure as provided in section 10(3) of this
chapter.
(2) Both of the supervised group living facilities are built on
land that is owned by one (1) private entity.
(3) The supervised group living facilities provides job
opportunities for residents of the supervised group living
facilities, as appropriate.
(c) The division may approve an entity to provide supported living
services only if the entity meets the standards established under
section 10 of this chapter.
As added by P.L.2-1992, SEC.22. Amended by P.L.6-1995, SEC.31;
P.L.255-1996, SEC.9; P.L.6-1998, SEC.1; P.L.263-2001, SEC.6;
P.L.170-2002, SEC.83; P.L.99-2007, SEC.148; P.L.229-2011,
SEC.151.
IC 12-28-5-13
Revocation of license; hearing
Sec. 13. The division may revoke:
(1) the license of a supervised group living facility; or
(2) the approval of an entity that provides supported living
services;
that no longer meets the standards established under section 10 of
this chapter after following the procedures prescribed by IC 4-21.5-3.
If a hearing is provided for or authorized to be held by the division,
the division may designate a person as its agent or representative to
conduct a hearing. The agent or representative shall conduct the
hearing under IC 4-21.5-3.
As added by P.L.2-1992, SEC.22. Amended by P.L.6-1995, SEC.32;
P.L.263-2001, SEC.7; P.L.229-2011, SEC.152.
IC 12-28-5-14
Provisional license
Sec. 14. (a) The division may issue a provisional license to a
facility that does not qualify for a license under section 12 of this
chapter but that provides satisfactory evidence that the facility will
qualify within a period prescribed by the division. The period may
not exceed six (6) months.
(b) The division may issue provisional approval to an entity
providing supported living services that does not qualify for approval
under section 12 of this chapter but that provides satisfactory
evidence that the entity will qualify within a period prescribed by the
division. The period may not exceed six (6) months.
As added by P.L.2-1992, SEC.22. Amended by P.L.263-2001, SEC.8;
P.L.229-2011, SEC.153.
IC 12-28-5-15
Repealed
(Repealed by P.L.229-2011, SEC.273.)
IC 12-28-5-16
Division as primary state agency to plan and coordinate programs
of supervised group living facilities and services
Sec. 16. The division of disability and rehabilitative services is the
primary state agency responsible for planning, developing,
coordinating, and implementing the plan and program of supervised
group living facilities and services, including developmental and
vocational services, needed for individuals with a developmental
disability residing in those facilities. Other state agencies authorized
by law or rule to carry out activities and control money that have a
direct bearing upon the provision of supervised group living services
shall enter into memoranda of understanding or contracts with the
division of disability and rehabilitative services to ensure a
coordinated utilization of resources and responsibilities.
As added by P.L.2-1992, SEC.22. Amended by P.L.4-1993, SEC.217;
P.L.5-1993, SEC.230; P.L.6-1995, SEC.34; P.L.141-2006, SEC.77;
P.L.99-2007, SEC.149.
IC 12-28-5-17
Inspection of facilities
Sec. 17. The inspection of a facility to determine its compliance
with state licensure standards shall be conducted, to the extent
feasible, at the same time as the inspection to determine its
compliance with federal standards.
As added by P.L.2-1992, SEC.22.
IC 12-28-5-18
Repealed
(Repealed by P.L.111-1997, SEC.9.)
IC 12-28-5-19
Rules to implement chapter
Sec. 19. (a) The division may adopt rules under IC 4-22-2 to
implement this chapter.
(b) After June 30, 2011, rules of the former community residential
facilities council (repealed) are considered rules of the division.
As added by P.L.23-1992, SEC.12. Amended by P.L.229-2011,
SEC.154.
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