CHAPTER 1. CARETAKER SUPPORT PROGRAM

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 individualwho:
        (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 undersubdivision (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 thefollowing:
        (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 ruleshould 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 shalladminister the caretaker support program established under thischapter.
    (b) The division of aging shall do the following:
        (1) Subject to section 9 of this chapter, adopt rules underIC 4-22-2 for the coordination and administration of thecaretaker support program.
        (2) Administer any money for the caretaker support programthat 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 ageand:        (1) a caretaker; or
        (2) an individual with special needs being taken care of by acaretaker;
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 followingservices 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, andcaretaker training to assist caretakers in making decisions andsolving problems in the individual's role as caretaker.
        (4) Respite care to offer caretakers temporary relief fromcaretaker 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 costshare 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 volunteersand volunteer groups, including faith based groups, when executingits 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; requirementsfor rules; publication of comments received
    Sec. 9. (a) Before finally adopting a rule under IC 4-22-2 toimplement this chapter, the division shall consult with and fullyconsider any comments submitted by:
        (1) caretakers providing care for a special needs individualunder this chapter;
        (2) individuals with special needs receiving care from acaretaker under this chapter;
        (3) area agencies on aging;
        (4) consumers and providers of home and community basedservices under IC 12-10-10 and IC 12-10-11.5; and
        (5) any other agency, volunteer group, faith based group, orindividual that the division considers appropriate;
to ensure that the rule complies with the requirements set forth insubsection (b).
    (b) Rules adopted under this chapter must:        (1) include protections for the rights, safety, and welfare ofindividuals with special needs receiving care from a caretakerunder this chapter, including reasonable monitoring andreporting 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, theparticular needs of the population;
        (3) not create barriers to the availability of home andcommunity based services under IC 12-10-10 and IC 12-10-11.5by imposing costly or unduly burdensome requirements oncaretakers or other service providers, including:
            (A) requirements for proof of financial responsibility; and
            (B) monitoring, enforcement, reporting, or otheradministrative requirements; and
        (4) otherwise comply with IC 12-10-10, IC 12-10-11.5, and thischapter.
    (c) Before submitting a rule adopted under this chapter to theattorney general for final approval under IC 4-22-2-31, the divisionshall submit to the publisher (as defined in IC 4-22-2-3(f)) forpublication in the Indiana Register the division's written responseunder IC 4-22-2-23 to any comments received from the partiesdescribed in subsection (a). Submissions to the publisher shall bemade 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.