CHAPTER 8. CENTERS FOR INDEPENDENT LIVING
IC 12-12-8
Chapter 8. Centers for Independent Living
IC 12-12-8-1
"Center for independent living" defined
Sec. 1. As used in this chapter, "center for independent living"means a consumer controlled, community based, cross-disability,nonresidential private nonprofit agency that:
(1) is designed and operated within a local community byindividuals with disabilities; and
(2) provides an array of independent living services.
As added by P.L.272-1999, SEC.37.
IC 12-12-8-1.5
"Commissioner" defined
Sec. 1.5. As used in this chapter, "commissioner" means thecommissioner of the Rehabilitation Services Administration in theUnited States Department of Education.
As added by P.L.217-2005, SEC.5.
IC 12-12-8-2
"Consumer control" defined
Sec. 2. As used in this chapter, "consumer control" means, withrespect to a center for independent living or an eligible agency:
(1) that the center or eligible agency vests power and authorityin individuals with disabilities, including individuals who are orhave been recipients of independent living services; and
(2) that:
(A) at least fifty-one percent (51%) of the members of thecenter's board have significant disabilities; and
(B) a majority of the center's staff and employees in decisionmaking positions are individuals with disabilities.
As added by P.L.272-1999, SEC.37. Amended by P.L.217-2005,SEC.6; P.L.141-2006, SEC.49.
IC 12-12-8-2.5
"Council" defined
Sec. 2.5. As used in this chapter, "council" means the statewideindependent living council established by section 6 of this chapter.
As added by P.L.217-2005, SEC.7.
IC 12-12-8-3
"Cross-disability" defined
Sec. 3. As used in this chapter, "cross-disability" means, withrespect to a center for independent living, that a center providesindependent living services to individuals representing a range ofsignificant disabilities and does not require the presence of one (1)or more specific significant disabilities before determining that anindividual is eligible for independent living services.
As added by P.L.272-1999, SEC.37.
IC 12-12-8-3.2
"Federal act" defined
Sec. 3.2. As used in this chapter, "federal act" refers to the FederalRehabilitation Act of 1973 (29 U.S.C. 701 et seq.) and amendmentsto that statute.
As added by P.L.217-2005, SEC.8.
IC 12-12-8-3.4
"Individual with a disability" defined
Sec. 3.4. As used in this chapter, "individual with a disability"means an individual who:
(1) has a physical or mental impairment that substantially limitsa major life activity;
(2) has a record of an impairment described in subdivision (1);or
(3) is regarded as having an impairment described insubdivision (1).
As added by P.L.217-2005, SEC.9.
IC 12-12-8-3.6
"Individual with a significant disability" defined
Sec. 3.6. As used in this chapter, "individual with a significantdisability" means an individual who has a significant physical ormental impairment that substantially limits the individual's ability to:
(1) function independently in the family or community; or
(2) obtain, maintain, or advance in employment.
As added by P.L.217-2005, SEC.10.
IC 12-12-8-3.8
"State plan" defined
Sec. 3.8. As used in this chapter, "state plan" means the materialsjointly developed and submitted by the council and the division tothe commissioner containing the state's proposals for the following:
(1) The proposal for providing independent living services withfederal funds under Title VII, Part B of the federal act.
(2) The development and support of a statewide network ofcenters for independent living.
(3) Working relationships among:
(A) programs providing independent living services andindependent living centers; and
(B) the vocational rehabilitation program administered bythe division under the federal act and other programsproviding services for individuals with disabilities.
As added by P.L.217-2005, SEC.11. Amended by P.L.141-2006,SEC.50.
IC 12-12-8-4
Provisions void that violate federal law; eligibility for funding
Sec. 4. (a) Any provision of this chapter that violates a federal lawor federal regulation is void. (b) To be eligible to receive state funds, a center for independentliving must meet the requirements for federal funding for a center forindependent living under:
(1) 29 U.S.C. 796; and
(2) 34 CFR Parts 364 through 366;
that are in effect January 1, 1995.
As added by P.L.272-1999, SEC.37. Amended by P.L.217-2005,SEC.12.
IC 12-12-8-5
Designation of division as responsible state unit
Sec. 5. The division is designated as the state unit under Title VIIof the federal act and has the following responsibilities:
(1) To receive, account for, and disburse funds received by thestate under the federal act based on the state plan.
(2) To provide administrative assistance to support independentliving programs and the activities of centers under Title VII,Part B of the federal act.
(3) To keep records and take actions with respect to the recordsas required by the commissioner.
(4) To submit additional information or provide assurances withrespect to the independent living programs as required by thecommissioner.
As added by P.L.217-2005, SEC.13. Amended by P.L.141-2006,SEC.51.
IC 12-12-8-6
Establishment of statewide independent living council;membership; requirements
Sec. 6. (a) There is established a statewide independent livingcouncil. The council is not a part of a state agency.
(b) The council consists of at least twenty (20) membersappointed by the governor, including the following:
(1) At least one (1) director of a center for independent livinglocated in Indiana chosen by the directors of the centers forindependent living located in Indiana.
(2) Nonvoting members from state agencies that provideservices for individuals with disabilities.
(3) Other members, who may include the following:
(A) Representatives of centers for independent living.
(B) Parents and guardians of individuals with disabilities.
(C) Advocates for individuals with disabilities.
(D) Representatives from private business.
(E) Representatives of organizations that provide servicesfor individuals with disabilities.
(F) Other appropriate individuals.
(c) The members appointed under subsection (b) must:
(1) provide statewide representation;
(2) represent a broad range of individuals with disabilities fromdiverse backgrounds; (3) be knowledgeable about centers for independent living andindependent living services; and
(4) include a majority of members who:
(A) are individuals with disabilities; and
(B) are not employed by a state agency or a center forindependent living.
As added by P.L.217-2005, SEC.14. Amended by P.L.1-2006,SEC.185; P.L.141-2006, SEC.52; P.L.182-2009(ss), SEC.298.
IC 12-12-8-7
Salary per diem
Sec. 7. (a) Each member of the council who is not a stateemployee is entitled to the minimum salary per diem provided byIC 4-10-11-2.1(b). The member is also entitled to reimbursement fortraveling expenses as provided under IC 4-13-1-4 and other expensesactually incurred in connection with the member's duties as providedin the state polices and procedures established by the Indianadepartment of administration and approved by the budget agency.
(b) Each member of the council who is a state employee is entitledto reimbursement for traveling expenses as provided underIC 4-13-1-4 and other expenses actually incurred in connection withthe member's duties as provided in the state policies and proceduresestablished by the Indiana department of administration andapproved by the budget agency.
As added by P.L.217-2005, SEC.15.
IC 12-12-8-8
Terms of council members; limitation
Sec. 8. (a) A member appointed to the council by the governorserves a term of three (3) years, beginning on July 1 afterappointment. However, a member appointed to fill a vacancy on thecouncil serves for the remainder of the unexpired term.
(b) A member appointed to the council by the governor may notserve more than two (2) consecutive terms.
As added by P.L.217-2005, SEC.16.
IC 12-12-8-9
Appointment to fill vacancy on council
Sec. 9. If a vacancy occurs among the voting members of thecouncil, the original appointing authority shall appoint a qualifiedindividual to serve for the unexpired term of the vacating member.
As added by P.L.217-2005, SEC.17.
IC 12-12-8-10
Powers and duties of council; public access to meetings
Sec. 10. (a) The council has the powers and duties specified inthis chapter.
(b) The council may do the following:
(1) Jointly develop and sign the state plan in conjunction withthe designated state unit. (2) Monitor, review, and evaluate the implementation of thestate plan.
(3) Coordinate activities with the state rehabilitation counciland other councils that address the needs of specific disabilityissues.
(4) Submit periodic reports to the funding sources and provideaccess to the records that are necessary to verify contents of thereports.
(5) Do other things necessary and proper to implement thischapter.
(c) The council shall ensure that all meetings of the council areopen to the public and in accessible formats with sufficient advancepublic notice.
As added by P.L.217-2005, SEC.18.
IC 12-12-8-11
Preparation and submission of state plan
Sec. 11. The division shall prepare the state plan that must besubmitted to the commissioner.
As added by P.L.217-2005, SEC.19.
IC 12-12-8-12
Awarding of grants to eligible centers
Sec. 12. The division may award grants to any eligible center forindependent living with funds that the division receives under TitleVII, Part B of the federal act.
As added by P.L.217-2005, SEC.20.
IC 12-12-8-13
Appointment of peer review committee
Sec. 13. The council and the division shall jointly appoint a peerreview committee to make recommendations for grants to neworganizations eligible to be centers for independent living.
As added by P.L.217-2005, SEC.21.
IC 12-12-8-14
Eligibility of centers to receive funds
Sec. 14. A center for independent living is eligible to receivemoney under this chapter as long as the center complies with thestandards and assurances required under Section 725 of the federalact. A center that receives only state or federal funds under Title VII,Part B of the federal act is subject to review by the division. A centerthat receives federal funds under Title VII, Part C of the federal actis subject to review by the federal government. A finding ofnoncompliance must be supported by a written report from the peerreview committee appointed under section 13 of this chapter.
As added by P.L.217-2005, SEC.22.
IC 12-12-8-15
Compliance with state plan and federal law Sec. 15. A center for independent living that receives moneyunder this chapter shall comply with the standards and assurancesrequired under the state plan and Section 725 of the federal act. Thecenter for independent living shall provide the required assurancesto the division.
As added by P.L.217-2005, SEC.23.
IC 12-12-8-16
Conditions for division to award grant for new center; criteria forranking eligible agencies
Sec. 16. (a) If:
(1) there is no center for independent living serving a region ofIndiana or a region of Indiana is underserved; and
(2) the state receives an increase in its federal allotment that issufficient to support an additional center for independent livingin Indiana;
the division may award a grant to an eligible agency for a new centerfor independent living in the unserved or underserved region. A grantawarded under this section must be consistent with the provisions ofthe state plan establishing a statewide network of centers forindependent living.
(b) The council shall rank eligible agencies applying for a grantunder this section using the standards and assurances required underSection 725 of the federal act. The council shall consider the abilityof the applicant to operate a center for independent living and shallselect an applicant using the following criteria:
(1) Evidence of the need for a center for independent living inthe applicant's region of Indiana that is consistent with the stateplan.
(2) The past performance of the applicant in providing servicescomparable to independent living services.
(3) The applicant's plan for complying with, or demonstratedcompliance with, the standards and assurances set forth inSection 725 of the federal act.
(4) The quality of the applicant's key personnel and theinvolvement of individuals with significant disabilities.
As added by P.L.217-2005, SEC.24.
IC 12-12-8-17
Division review of centers
Sec. 17. (a) The division shall periodically review each newcenter for independent living that receives:
(1) money under Title VII, Part B of the federal act; or
(2) a grant under this chapter;
to determine whether the center is in compliance with the standardsand assurances set forth in Section 725 of the federal act.
(b) If the division determines that a center reviewed undersubsection (a) is not in compliance with the standards and assurancesset forth in Section 725 of the federal act, the division shallimmediately notify the center of the division's determination of
noncompliance. A center may appeal the determination by requestinga hearing from the office of the secretary not later than thirty (30)days after receiving notice from the division.
(c) Except as provided in subsection (d), the division shallterminate all funds to a center determined to be in noncomplianceunder this section not later than ninety (90) days after the date of:
(1) the division's notification of noncompliance; or
(2) a final decision by the office of the secretary in the case ofa center that appeals the division's determination undersubsection (b).
(d) The division may not terminate the funds of a center forindependent living that is determined to be noncompliant with thestandards and assurances set forth in Section 725 of the federal actif:
(1) the center submits to the division a plan for achievingcompliance within ninety (90) days; and
(2) the division approves the plan.
A plan required under this subsection must be submitted not laterthan thirty (30) days after the center receives a notice ofnoncompliance from the division under subsection (b).
As added by P.L.217-2005, SEC.25.