CHAPTER 5. DUTIES OF DIVISION
IC 12-13-5
Chapter 5. Duties of Division
IC 12-13-5-1
Powers and duties
Sec. 1. The division shall administer or supervise the publicwelfare activities of the state. The division has the following powersand duties:
(1) The administration of old age assistance, aid to dependentchildren, and assistance to the needy blind and persons withdisabilities, excluding assistance to children with special healthcare needs.
(2) The administration of the licensing and inspection underIC 12-17.2.
(3) The provision of services to county governments, includingthe following:
(A) Organizing and supervising county offices for theeffective administration of public welfare functions.
(B) Compiling statistics and necessary informationconcerning public welfare problems throughout Indiana.
(C) Researching and encouraging research into crime,delinquency, physical and mental disability, and the cause ofdependency.
(4) Prescribing the form of, printing, and supplying to thecounty offices blanks for applications, reports, affidavits, andother forms the division considers necessary and advisable.
(5) Cooperating with the federal Social Security Administrationand with any other agency of the federal government in anyreasonable manner necessary and in conformity with IC 12-13through IC 12-19 to qualify for federal aid for assistance topersons who are entitled to assistance under the federal SocialSecurity Act. The responsibilities include the following:
(A) Making reports in the form and containing theinformation that the federal Social Security AdministrationBoard or any other agency of the federal governmentrequires.
(B) Complying with the requirements that a board or agencyfinds necessary to assure the correctness and verification ofreports.
(6) Appointing from eligible lists established by the statepersonnel board employees of the division necessary toeffectively carry out IC 12-13 through IC 12-19. The divisionmay not appoint a person who is not a citizen of the UnitedStates and who has not been a resident of Indiana for at leastone (1) year immediately preceding the person's appointmentunless a qualified person cannot be found in Indiana for aposition as a result of holding an open competitive examination.
(7) Assisting the office of Medicaid policy and planning infixing fees to be paid to ophthalmologists and optometrists forthe 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 governmentin performing services consistent with this article.
(9) Acting as the agent of the federal government for thefollowing:
(A) In welfare matters of mutual concern under IC 12-13through IC 12-19, except for responsibilities of thedepartment of child services under IC 31-25-2.
(B) In the administration of federal money granted to Indianain aiding welfare functions of the state government.
(10) Administering additional public welfare functions vestedin the division by law and providing for the progressivecodification of the laws the division is required to administer.
(11) Supervising day care centers.
(12) Compiling information and statistics concerning theethnicity and gender of a program or service recipient.
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.
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) Prevention services to high risk youth.
(5) The migrant nutrition program.
(6) The home visitation and social services program.
(7) The educational consultants program.
(8) Community restitution or service programs.
(9) The crisis nursery program.
(10) Social services programs.
(11) The step ahead comprehensive early childhood grantprogram.
(12) Any other program:
(A) designated by the general assembly; or
(B) administered by the federal government under grantsconsistent with the duties of the division.
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.
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 isnecessary or desirable to carry out IC 12-13 through IC 12-19and that is not inconsistent with IC 12-13 through IC 12-19.Each county director shall keep copies of the rules on fileavailable for inspection by any person interested.
(2) Under a division rule, designate county offices to serve asagents of the division in the performance of all public welfareactivities 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 throughIC 12-19 restricted
Sec. 4. IC 12-13 through IC 12-19 conferring powers ofsupervision on the division do not include the actual management ofstate 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 makereports relating to the county welfare fund (before July 1, 2001), thefamily and children's fund (before January 1, 2009), and otherfinancial transactions as required under IC 12-13 through IC 12-19and 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 bekept, prepared, and submitted in the form required by the division orthe 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
Personnel
Sec. 6. The director shall appoint necessary eligible personnel forthe efficient performance of the division's duties.
As added by P.L.2-1992, SEC.7.
IC 12-13-5-7
Bureau head; employees
Sec. 7. (a) The director shall appoint a bureau head or anemployee who reports directly to the director.
(b) The bureau head shall, with the approval of the director,appoint each employee who reports directly to the head.
As added by P.L.2-1992, SEC.7.
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 theadministration 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 moneymade available for the administration and enforcement of IC 12-13through 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; enforcementprocedures
Sec. 9. (a) If a public official, board, or commission fails orrefuses to perform a duty under IC 12-13 through IC 12-19, thedivision or an agency allowed by law to coordinate or superviseassistance under IC 12-13 through IC 12-19 may order the publicofficial, board, or commission to perform the duty.
(b) If the public official, board, or commission refuses to obey anorder issued under subsection (a), the agency issuing the order undersubsection (a) may institute a mandamus proceeding in a court tocompel the public official, board, or commission to perform the duty.
(c) The attorney general shall assist in proceedings under thissection.
As added by P.L.2-1992, SEC.7.
IC 12-13-5-10
Amendment or repeal of provision of title; claim for compensationbarred
Sec. 10. The amendment or repeal of a provision of this title doesnot create a claim for compensation on behalf of a recipient underthis 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 overparental objection restricted
Sec. 11. Except as provided in IC 31-37-7-3, IC 12-13 throughIC 12-19 does not authorize a state or county official, agent, orrepresentative, in carrying out IC 12-13 through IC 12-19, to takecharge of a child over the objection of either parent of the child or ofthe person standing in loco parentis to the child, except under a courtorder.
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 sothat 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
(Repealed by P.L.143-2008, SEC.15.)
IC 12-13-5-14
Contractor responsibilities; report
Sec. 14. (a) As used in this section, "commission" refers to theselect joint commission on Medicaid oversight (IC 2-5-26-3).
(b) A contractor for the division, office, or secretary that hasresponsibility for processing eligibility intake for the federalSupplemental Nutrition Assistance program (SNAP), the TemporaryAssistance for Needy Families (TANF) program, and the Medicaidprogram 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 notcorrectly attached to cases;
(vi) number of complaints from clients regarding lostdocuments; and
(vii) number of complaints from clients resolved regardinglost documents;
(B) direct client assistance at county offices, including the:
(i) number of clients helped directly in completingeligibility application forms;
(ii) wait times at local offices;
(iii) amount of time an applicant is given as notice beforea scheduled applicant appointment;
(iv) amount of time an applicant waits for a scheduledappointment; and
(v) timeliness of the tasks sent by the contractor to thestate for further action, as specified through contractedperformance 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 indicatorreport.
(4) Provide information on error reports and contractorcompliance with the contract.
(5) Provide oral and written reports to the commissionconcerning matters described in subdivision (1):
(A) in a manner and format to be agreed upon with thecommission; and
(B) whenever the commission requests.
(6) Report on information concerning assistance provided byvoluntary 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 doesnot constitute the direct client assistance referred to in subsection(b)(1)(B).
As added by P.L.153-2009, SEC.2.