CHAPTER 1. COUNTY OFFICES OF FAMILY RESOURCES
IC 12-19
ARTICLE 19. COUNTY WELFAREADMINISTRATION AND FINANCING
IC 12-19-1
Chapter 1. County Offices of Family Resources
IC 12-19-1-1
Establishment of county offices
Sec. 1. The division shall establish county offices of familyresources in each county.
As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.157;P.L.5-1993, SEC.170; P.L.146-2008, SEC.392; P.L.44-2009,SEC.13.
IC 12-19-1-2
County director; appointment
Sec. 2. (a) The director of the division shall appoint a countydirector for each county office.
(b) A county director must be a citizen of the United States.
As added by P.L.2-1992, SEC.13. Amended by P.L.234-2005,SEC.42; P.L.138-2007, SEC.3; P.L.146-2008, SEC.393;P.L.44-2009, SEC.14.
IC 12-19-1-3
County director; executive and administrative officer
Sec. 3. The county director is the executive and administrativeofficer of the county office.
As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.158;P.L.5-1993, SEC.171; P.L.146-2008, SEC.394; P.L.44-2009,SEC.15.
IC 12-19-1-4
County director; compensation
Sec. 4. (a) A county director is entitled to receive as compensationfor the county director's services an amount determined by thedivision that is within:
(1) the lawfully established appropriations; and
(2) the salary ranges of the pay plan adopted by the statepersonnel department and approved by the budget committee.
(b) Compensation paid to a county director shall be paid in thesame manner that compensation is paid to other state employees.
As added by P.L.2-1992, SEC.13. Amended by P.L.146-2008,SEC.395; P.L.44-2009, SEC.16.
IC 12-19-1-5
County director; travel expenses
Sec. 5. (a) In addition to the compensation paid under this article,a county director may receive for each mile necessarily traveled inthe discharge of the county director's duties the same amount per
mile that other state employees receive.
(b) A county director is also entitled to a per diem for lodging andmeal expenses if the county director's official duties require thecounty director to travel outside of the county where the countydirector's permanent office is located. The per diem for a countydirector's lodging and meals shall be paid at the rate set by law forother state employees.
As added by P.L.2-1992, SEC.13. Amended by P.L.146-2008,SEC.396; P.L.44-2009, SEC.17.
IC 12-19-1-6
County director; bond; oath
Sec. 6. Before beginning the discharge of the county director'sofficial duties, a county director must do the following:
(1) Execute a bond payable to the state. The following apply toa bond executed under this section:
(A) The bond must be conditioned on the faithful dischargeof the county director's official duties.
(B) The bond must be executed in an amount determinedunder rules adopted by the division.
(2) Take and subscribe an oath for the faithful discharge of thecounty director's official duties. The oath must be endorsedupon the county director's official bond.
(3) File the bond and oath executed under this section in theoffice of the clerk of the circuit court.
As added by P.L.2-1992, SEC.13.
IC 12-19-1-7
County director; appointment of assistants; compensation
Sec. 7. (a) The county director shall appoint from eligible listsestablished by the state personnel department the number ofassistants necessary to administer the welfare activities within thecounty that are administered by the division under IC 12-13 throughIC 12-19 or by an administrative rule, with the approval of thedirector of the division.
(b) The division, for personnel performing activities described insubsection (a), shall determine the compensation of the assistantswithin the salary ranges of the pay plan adopted by the statepersonnel department and approved by the budget agency, with theadvice of the budget committee, and within lawfully establishedappropriations.
As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.159;P.L.5-1993, SEC.172; P.L.234-2005, SEC.43; P.L.145-2006,SEC.107; P.L.146-2008, SEC.397; P.L.44-2009, SEC.18.
IC 12-19-1-8
Administration; costs of personal services; payment by division ordepartment
Sec. 8. The costs of personal services in the administration of acounty office's duties described in section 7(a) of this chapter shall
be paid by the division.
As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.160;P.L.5-1993, SEC.173; P.L.234-2005, SEC.44; P.L.146-2008,SEC.398; P.L.44-2009, SEC.19.
IC 12-19-1-9
Facilities, supplies, and equipment
Sec. 9. (a) The division shall provide the necessary facilities tohouse the county office.
(b) The division shall pay for the costs of the facilities, supplies,and equipment needed by each county office.
As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.161;P.L.5-1993, SEC.174; P.L.273-1999, SEC.90; P.L.146-2008,SEC.399; P.L.44-2009, SEC.20.
IC 12-19-1-10
Administration
Sec. 10. Subject to the rules adopted by the director of thedivision, a county office shall administer the following:
(1) Assistance to dependent children in the homes of thedependent children.
(2) Assistance and services to elderly persons.
(3) Assistance to persons with disabilities.
(4) Care and treatment of the following persons, other thanpersons for whom the department of child services is providingservices under IC 31 for the following:
(A) Dependent children.
(B) Children with disabilities.
(5) Any other welfare activities that are delegated to the countyoffice by the division, including services concerning assistanceto the blind.
As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.162;P.L.5-1993, SEC.175; P.L.23-1993, SEC.54; P.L.61-1993, SEC.60;P.L.1-1994, SEC.67; P.L.74-1994, SEC.4; P.L.234-2005, SEC.45;P.L.146-2008, SEC.400; P.L.44-2009, SEC.21.
IC 12-19-1-11
Repealed
(Repealed by P.L.146-2008, SEC.804.)
IC 12-19-1-12
Repealed
(Repealed by P.L.146-2008, SEC.804.)
IC 12-19-1-13
Power to sue and be sued; rights, powers, and duties necessary toadminister act; filing of suits; notices and summonses
Sec. 13. (a) A county office may sue and be sued under the nameof "The Office of Family Resources of _____________ County".
(b) The county office has all other rights and powers and shall
perform all other duties necessary to administer this chapter.
(c) A suit brought against a county office may be filed in anycircuit or superior court with jurisdiction in the area served by thecounty office.
(d) A notice or summons in a suit brought against the countyoffice must be served on the county director. It is not required toname the individual employees of the county office as either plaintiffor defendant.
As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.165;P.L.5-1993, SEC.178; P.L.146-2008, SEC.401; P.L.44-2009,SEC.22.
IC 12-19-1-14
Repealed
(Repealed by P.L.145-2006, SEC.376.)
IC 12-19-1-15
Gifts, devises, and bequests of personal property; investment;special fund; expenditures
Sec. 15. (a) The division may receive and administer a gift,devise, or bequest of personal property, including the income fromreal property, that is to or for the benefit of an individual receivingpayments or services through a county office.
(b) The division shall establish a special fund or an account in atrust fund for the money received under this section. The expensesof administering the fund or account shall be paid from money in thefund or account. The money may not be commingled with moneyreceived from taxation.
(c) The treasurer of state shall invest the money in the fund oraccount not currently needed to meet the obligations of the fund oraccount in the same manner as other public money may be invested.Interest that accrues from these investments shall be deposited in thefund or account.
(d) Money in the fund or account at the end of a state fiscal yeardoes not revert to the state general fund.
(e) Subject to the approval of the judge or the court of the countyhaving probate jurisdiction, money in the fund or account may beexpended by the division in any manner consistent with the purposesof the fund or account created under this section and with theintention of the donor.
As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.167;P.L.5-1993, SEC.180; P.L.146-2008, SEC.402; P.L.44-2009,SEC.23.
IC 12-19-1-16
Receipt and administration of money available to or for the benefitof persons receiving payments or services
Sec. 16. (a) This section does not apply to money appropriated bythe general assembly, including any federal grant.
(b) The family resources trust clearance fund is established to
administer money available to or for the benefit of an individualreceiving payments or services through a county office. The fundshall be administered by the division. Separate accounts in the fundshall be established, as appropriate, to carry out the purposes of thedonors of the money deposited in the fund.
(c) The expenses of administering the fund shall be paid frommoney in the fund.
(d) Money in the fund may not be commingled with any otherfund or with money received from taxation. The money may beexpended by the county office in any manner consistent with thefollowing:
(1) The purpose of the fund or with the intention of the donorof the money.
(2) Indiana law.
(e) The treasurer of state shall invest the money in the fund notcurrently needed to meet the obligations of the fund in the samemanner as other public money may be invested. Interest that accruesfrom these investments shall be deposited in the fund.
(f) Money in the fund at the end of a state fiscal year does notrevert to the state general fund.
As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.168;P.L.5-1993, SEC.181; P.L.273-1999, SEC.92; P.L.146-2008,SEC.403; P.L.44-2009, SEC.24.
IC 12-19-1-17
Repealed
(Repealed by P.L.273-1999, SEC.124.)
IC 12-19-1-18
Designation of responsible person to act for and receive assistanceon behalf of applicant or recipient; fee for services
Sec. 18. (a) After petition to and with the approval of the judge ofa circuit court of the county where an applicant for or recipient ofpublic assistance resides (or, if a superior court has probatejurisdiction in the county, the superior court that has probatejurisdiction where the recipient of public assistance resides), acounty office may take the actions described in subsection (b) if:
(1) an applicant for public assistance is physically or mentallyincapable of completing an application for assistance; or
(2) a recipient of public assistance:
(A) is incapable of managing the recipient's affairs; or
(B) refuses to:
(i) take care of the recipient's money properly; or
(ii) comply with the director of the division's rules andpolicies.
(b) If the conditions of subsection (a) are satisfied, the countyoffice may designate a responsible person to do the following:
(1) Act for the applicant or recipient.
(2) Receive on behalf of the recipient the assistance therecipient is eligible to receive under any of the following: (A) This chapter.
(B) IC 12-10-6.
(C) IC 12-14-1 through IC 12-14-9.5.
(D) IC 12-14-13 through IC 12-14-19.
(E) IC 12-15.
(F) IC 16-35-2.
(c) A fee for services provided under this section may be paid tothe responsible person in an amount not to exceed ten dollars ($10)each month. The fee may be allowed:
(1) in the monthly assistance award; or
(2) by vendor payment if the fee would cause the amount ofassistance to be increased beyond the maximum amountpermitted by statute.
As added by P.L.2-1992, SEC.13. Amended by P.L.2-1993, SEC.111;P.L.4-1993, SEC.170; P.L.5-1993, SEC.183; P.L.273-1999, SEC.93;P.L.145-2006, SEC.108; P.L.146-2008, SEC.404; P.L.44-2009,SEC.25.
IC 12-19-1-19
Persons who may be designated under IC 12-19-1-18; costs ofappointment proceedings
Sec. 19. (a) A responsible person approved under section 18 ofthis chapter preferably must be a relative or friend of good moralcharacter whose interest is limited to the well-being of the applicantor recipient. However, the responsible person may not be any of thefollowing:
(1) An employee of the county office.
(2) The superintendent of a county home.
(3) A person directly or indirectly financially connected with ahealth facility or an institution giving care to the recipient.
(4) A person directly or indirectly connected with the operationof a health facility or an institution giving care to the recipient.
(b) Costs may not be charged by a person or public official inproceedings concerning the appointment of a responsible personunder section 18 of this chapter.
As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.171;P.L.5-1993, SEC.184; P.L.146-2008, SEC.405; P.L.44-2009,SEC.26.
IC 12-19-1-20
Responsible persons; financial reports; termination of powers; useof assistance money received
Sec. 20. (a) A responsible person appointed under section 18 ofthis chapter shall make financial reports concerning the servicesprovided by the responsible person at the time and in the mannerprescribed by the circuit court. A responsible person shall account tothe circuit court at least one (1) time every two (2) years. The circuitcourt may make rules regulating the administration and accountingof money paid to a responsible person.
(b) The powers of a responsible person, other than the filing of a
final account for the approval of the circuit court, terminate on theappointment of a guardian for the recipient.
(c) Public assistance money received by a responsible person shallbe used solely for the benefit of the recipient or the recipient'sdependents.
As added by P.L.2-1992, SEC.13.
IC 12-19-1-21
Property tax levies prohibited
Sec. 21. (a) Notwithstanding any other law, after December 31,1999, a county may not impose any of the following:
(1) A property tax levy for a county welfare fund.
(2) A property tax levy for a county welfare administrationfund.
(b) Notwithstanding any other law, after December 31, 2008, acounty may not impose any of the following:
(1) A property tax levy for a county medical assistance to wardsfund.
(2) A property tax levy for a county family and children'sservices fund.
(3) A property tax levy for a children's psychiatric residentialtreatment services fund.
(4) A property tax levy for a children with special health careneeds county fund.
As added by P.L.273-1999, SEC.62. Amended by P.L.146-2008,SEC.406.
IC 12-19-1-22
Bonds and loans considered general obligations of counties
Sec. 22. Each official and body responsible for the levying oftaxes for the county must ensure that sufficient levies are made tomeet the principal and interest on all bonds issued and loans madeunder this article before January 1, 2009, at the time fixed for thepayment of the principal and interest, without regard to any otherstatute. If an official or a body fails or refuses to make or allow asufficient levy required by this section, the bonds and loans and theinterest on the bonds and loans shall be payable out of the countygeneral fund without appropriation.
As added by P.L.273-1999, SEC.63. Amended by P.L.146-2008,SEC.407.