2016 Indiana Code
TITLE 12. HUMAN SERVICES
ARTICLE 13. DIVISION OF FAMILY RESOURCES
CHAPTER 5. DUTIES OF DIVISION
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IC 12-13-5
Chapter 5. Duties of Division
IC 12-13-5-1
Powers and duties
Sec. 1. (a) The division shall administer or supervise the public
welfare activities of the state. The division has the following powers
and duties:
(1) The administration of old age assistance, TANF, and
assistance to the needy blind and persons with disabilities,
excluding assistance to children with special health care needs.
(2) The administration of the licensing and inspection under
IC 12-17.2.
(3) The provision of services to county governments, including
the following:
(A) Organizing and supervising county offices for the
effective administration of public welfare functions.
(B) Compiling statistics and necessary information
concerning public welfare problems throughout Indiana.
(C) Researching and encouraging research into crime,
delinquency, physical and mental disability, and the cause of
dependency.
(4) Prescribing the form of, printing, and supplying to the
county offices blanks for applications, reports, affidavits, and
other forms the division considers necessary and advisable.
(5) Cooperating with the federal Social Security Administration
and with any other agency of the federal government in any
reasonable manner necessary and in conformity with IC 12-13
through IC 12-19 to qualify for federal aid for assistance to
persons who are entitled to assistance under the federal Social
Security Act. The responsibilities include the following:
(A) Making reports in the form and containing the
information that the federal Social Security Administration
Board or any other agency of the federal government
requires.
(B) Complying with the requirements that a board or agency
finds necessary to assure the correctness and verification of
reports.
(6) Appointing from eligible lists established by the state
personnel board employees of the division necessary to
effectively carry out IC 12-13 through IC 12-19. The division
may not appoint a person who is not a citizen of the United
States and who has not been a resident of Indiana for at least
one (1) year immediately preceding the person's appointment
unless a qualified person cannot be found in Indiana for a
position as a result of holding an open competitive examination.
(7) Assisting the office of Medicaid policy and planning in
fixing fees to be paid to ophthalmologists and optometrists for
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the examination of applicants for and recipients of assistance as
needy blind persons.
(8) When requested, assisting other departments, agencies,
divisions, and institutions of the state and federal government
in performing services consistent with this article.
(9) Acting as the agent of the federal government for the
following:
(A) In welfare matters of mutual concern under IC 12-13
through IC 12-19, except for responsibilities of the
department of child services under IC 31-25-2.
(B) In the administration of federal money granted to Indiana
in aiding welfare functions of the state government.
(10) Administering additional public welfare functions vested
in the division by law and providing for the progressive
codification of the laws the division is required to administer.
(11) Supervising day care centers.
(12) Compiling information and statistics concerning the
ethnicity and gender of a program or service recipient.
(b) In the administration of the public welfare programs, the
division and the department of workforce development may enter
into a written memorandum of understanding concerning
administering and implementing federal work requirements for
public welfare programs.
As added by P.L.2-1992, SEC.7. Amended by P.L.20-1992, SEC.26;
P.L.81-1992, SEC.27; P.L.1-1993, SEC.130; P.L.23-1993, SEC.52;
P.L.4-1993, SEC.51; P.L.5-1993, SEC.64; P.L.142-1995, SEC.3;
P.L.1-1997, SEC.53; P.L.35-1998, SEC.1; P.L.273-1999, SEC.79;
P.L.234-2005, SEC.20; P.L.145-2006, SEC.75; P.L.69-2015, SEC.3;
P.L.210-2015, SEC.32.
IC 12-13-5-2
Services and programs administered
Sec. 2. The division shall administer the following:
(1) A child development associate scholarship program.
(2) Any school age dependent care program.
(3) Migrant day care services.
(4) The migrant nutrition program.
(5) The home visitation and social services program.
(6) The educational consultants program.
(7) Community restitution or service programs.
(8) The crisis nursery program.
(9) Social services programs.
(10) The step ahead comprehensive early childhood grant
program.
(11) Any other program:
(A) designated by the general assembly; or
(B) administered by the federal government under grants
consistent with the duties of the division.
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As added by P.L.2-1992, SEC.7. Amended by P.L.4-1993, SEC.52;
P.L.5-1993, SEC.65; P.L.32-2000, SEC.7; P.L.234-2005, SEC.21;
P.L.173-2006, SEC.45; P.L.181-2006, SEC.53; P.L.1-2007,
SEC.119; P.L.130-2009, SEC.17; P.L.128-2012, SEC.5.
IC 12-13-5-3
Rules; agents
Sec. 3. The division may do the following:
(1) Adopt rules under IC 4-22-2 and take action that is
necessary or desirable to carry out IC 12-13 through IC 12-19
and that is not inconsistent with IC 12-13 through IC 12-19.
Each county director shall keep copies of the rules on file
available for inspection by any person interested.
(2) Under a division rule, designate county offices to serve as
agents of the division in the performance of all public welfare
activities in the county.
As added by P.L.2-1992, SEC.7. Amended by P.L.4-1993, SEC.53;
P.L.5-1993, SEC.66; P.L.108-1996, SEC.3.
IC 12-13-5-4
Powers of supervision of state institutions under IC 12-13 through
IC 12-19 restricted
Sec. 4. IC 12-13 through IC 12-19 conferring powers of
supervision on the division do not include the actual management of
state institutions or the selection of the personnel of state institutions.
As added by P.L.2-1992, SEC.7.
IC 12-13-5-5
Records and reports
Sec. 5. (a) Each county auditor shall keep records and make
reports relating to the county welfare fund (before July 1, 2001), the
family and children's fund (before January 1, 2009), and other
financial transactions as required under IC 12-13 through IC 12-19
and as required by the division or the department of child services.
(b) All records provided for in IC 12-13 through IC 12-19 shall be
kept, prepared, and submitted in the form required by the division or
the department of child services and the state board of accounts.
As added by P.L.2-1992, SEC.7. Amended by P.L.36-1994, SEC.13;
P.L.273-1999, SEC.80; P.L.234-2005, SEC.22; P.L.146-2008,
SEC.384.
IC 12-13-5-6
Appointment of personnel
Sec. 6. The secretary or the secretary's designee shall appoint
necessary eligible personnel for the efficient performance of the
division's duties.
As added by P.L.2-1992, SEC.7. Amended by P.L.35-2016, SEC.30.
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IC 12-13-5-7
Appointment of bureau head or employee
Sec. 7. (a) The secretary or the secretary's designee shall appoint
a bureau head or an employee who reports directly to the director.
(b) The bureau head shall, with the approval of the secretary or
the secretary's designee, appoint each employee who reports directly
to the head.
As added by P.L.2-1992, SEC.7. Amended by P.L.35-2016, SEC.31.
IC 12-13-5-8
Deputies; payment of salaries
Sec. 8. (a) The attorney general shall assign to the division the
number of deputies the director determines are needed to assist in the
administration of the division.
(b) The salary of each deputy assigned to the division shall,
during the deputy's service to the division, be paid from the money
made available for the administration and enforcement of IC 12-13
through IC 12-19.
As added by P.L.2-1992, SEC.7.
IC 12-13-5-9
Failure or refusal to perform duty or obey order; enforcement
procedures
Sec. 9. (a) If a public official, board, or commission fails or
refuses to perform a duty under IC 12-13 through IC 12-19, the
division or an agency allowed by law to coordinate or supervise
assistance under IC 12-13 through IC 12-19 may order the public
official, board, or commission to perform the duty.
(b) If the public official, board, or commission refuses to obey an
order issued under subsection (a), the agency issuing the order under
subsection (a) may institute a mandamus proceeding in a court to
compel the public official, board, or commission to perform the duty.
(c) The attorney general shall assist in proceedings under this
section.
As added by P.L.2-1992, SEC.7.
IC 12-13-5-10
Amendment or repeal of provision of title; claim for compensation
barred
Sec. 10. The amendment or repeal of a provision of this title does
not create a claim for compensation on behalf of a recipient under
this title.
As added by P.L.2-1992, SEC.7.
IC 12-13-5-11
Taking charge of child under IC 12-13 through IC 12-19 over
parental objection restricted
Sec. 11. Except as provided in IC 31-37-7-3, IC 12-13 through
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IC 12-19 does not authorize a state or county official, agent, or
representative, in carrying out IC 12-13 through IC 12-19, to take
charge of a child over the objection of either parent of the child or of
the person standing in loco parentis to the child, except under a court
order.
As added by P.L.2-1992, SEC.7. Amended by P.L.79-1994, SEC.1;
P.L.1-1997, SEC.54.
IC 12-13-5-12
Liberal construction of IC 12-13 through IC 12-19
Sec. 12. IC 12-13 through IC 12-19 shall be liberally construed so
that the purposes may be accomplished as equitably, economically,
and expeditiously as possible.
As added by P.L.2-1992, SEC.7.
IC 12-13-5-13
Repealed
(As added by P.L.133-2005, SEC.2. Repealed by P.L.143-2008,
SEC.15.)
IC 12-13-5-14
Contractor responsibilities; report
Sec. 14. (a) As used in this section, "committee" refers to the
interim study committee on public health, behavioral health, and
human services established by IC 2-5-1.3-4.
(b) A contractor for the division, office, or secretary that has
responsibility for processing eligibility intake for the federal
Supplemental Nutrition Assistance program (SNAP), the Temporary
Assistance for Needy Families (TANF) program, and the Medicaid
program shall do the following:
(1) Review the eligibility intake process for:
(A) document management issues, including:
(i) unattached documents;
(ii) number of documents received by facsimile;
(iii) number of documents received by mail;
(iv) number of documents incorrectly classified;
(v) number of documents that are not indexed or not
correctly attached to cases;
(vi) number of complaints from clients regarding lost
documents; and
(vii) number of complaints from clients resolved regarding
lost documents;
(B) direct client assistance at county offices, including the:
(i) number of clients helped directly in completing
eligibility application forms;
(ii) wait times at local offices;
(iii) amount of time an applicant is given as notice before
a scheduled applicant appointment;
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(iv) amount of time an applicant waits for a scheduled
appointment; and
(v) timeliness of the tasks sent by the contractor to the
state for further action, as specified through contracted
performance standards; and
(C) call wait times and abandonment rates.
(2) Provide an update on employee training programs.
(3) Provide a copy of the monthly key performance indicator
report.
(4) Provide information on error reports and contractor
compliance with the contract.
(5) Provide oral and written reports to the committee
concerning matters described in subdivision (1):
(A) in a manner and format to be agreed upon with the
committee; and
(B) whenever the committee requests.
However, written reports shall be provided in an electronic
format under IC 5-14-6.
(6) Report on information concerning assistance provided by
voluntary community assistance networks (V-CANs).
(7) Report on the independent performance audit conducted on
the contract.
(c) Solely referring an individual to a computer or telephone does
not constitute the direct client assistance referred to in subsection
(b)(1)(B).
As added by P.L.153-2009, SEC.2. Amended by P.L.205-2013,
SEC.183; P.L.53-2014, SEC.103.
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