Sec. 1. This chapter applies to residential facilities for individuals with a developmental disability. [1992 Revision Citation: New.] As added by P.L.2-1992, SEC.22. Amended by P.L.99-2007, SEC.137; P.L.168-2018, SEC.34.
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 […]
[Pre-1992 Revision Citation: 4-28-21-12(a).] As added by P.L.2-1992, SEC.22. Amended by P.L.4-1993, SEC.211; P.L.5-1993, SEC.224. Repealed by P.L.6-1995, SEC.39.
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 […]
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 […]
Sec. 14. The community residential facilities council may adopt rules under IC 4-22-2 to implement this chapter. [Pre-1992 Revision Citation: 4-28-21-13.] As added by P.L.2-1992, SEC.22.
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. [Pre-1992 Revision Citation: 4-28-21-1 part.] As added by P.L.2-1992, SEC.22.
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 intellectual disability professionals (as defined in 42 CFR 483.430)) to conduct the activities of daily living, […]
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. [Pre-1992 […]
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. [Pre-1992 Revision Citation: 4-28-21-2(b) […]
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 […]
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 […]
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 […]
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 […]
