IC 12-22
    ARTICLE 22. SERVICES FOR PERSONS WITHMENTAL ILLNESS

IC 12-22-1
    Chapter 1. Respite Care for Persons With Mental Illness

IC 12-22-1-1
Respite care defined
    Sec. 1. As used in this chapter, "respite care" means temporaryinstitutional or noninstitutional care:
        (1) for an individual with a mental illness who:
            (A) lives at home; and
            (B) is cared for by the individual's family or other caretaker;and
        (2) that is provided because the family or caretaker istemporarily unable or unavailable to provide needed care.
As added by P.L.2-1992, SEC.16. Amended by P.L.99-2007,SEC.104.

IC 12-22-1-2
Program for respite care; authorization
    Sec. 2. The division may institute a program of respite care forindividuals with a mental illness. The program may include thefollowing:
        (1) Training of private individuals to enable the individuals toprovide respite care in the individuals' own homes or in thehomes of individuals with a mental illness.
        (2) Certifying residential facilities such as group homes, healthfacilities (as defined in IC 16-18-2-167), community residentialfacilities licensed under IC 12-28-5, and other private homes assuitable for providing respite care under this chapter.
        (3) Contracting for the provision of respite care.
        (4) Working with other state and local agencies to develop acoordinated program that serves the respite care needs ofindividuals with a mental illness throughout Indiana.
As added by P.L.2-1992, SEC.16. Amended by P.L.2-1993, SEC.112;P.L.99-2007, SEC.105.

IC 12-22-1-3
Requests for assistance in obtaining respite care; assistance inmaking arrangements; placement in state institution
    Sec. 3. (a) If:
        (1) a parent or guardian of an individual with a mental illnessrequests the division to assist the parent or guardian inobtaining respite care for the individual with a mental illness;and
        (2) the individual has been cared for in the home of theindividual's parent or guardian for the preceding three (3)months;the division shall determine if there is a person who can provideappropriate respite care for the individual or a residential facility thathas the staff and bed space and can provide the services theindividual needs during the period of respite care. If the divisiondetermines that such a person or facility exists, the division shallinform the parent or guardian and, if needed, shall provide assistanceto the parent or guardian in making the arrangements for respite care.
    (b) If:
        (1) the division determines that such a person or residentialfacility does not exist or if the parent or guardian does not wantto use the services identified by the division; and
        (2) an appropriate state institution is located in the geographicarea of the individual with a mental illness;
the division may place the individual with a mental illness in a stateinstitution.
As added by P.L.2-1992, SEC.16. Amended by P.L.99-2007,SEC.106.

IC 12-22-1-4
Respite care provided by state institutions; grounds for notaccepting individuals; placement acceptance or rejection by parentor guardian
    Sec. 4. (a) Each state institution administered by the division shallprovide respite care.
    (b) A state institution administered by the division is not requiredto accept an individual with a mental illness for respite care if thesuperintendent determines that:
        (1) there is insufficient money, staff, or bed space; or
        (2) the state institution is incapable of providing the servicesthat the individual needs during the individual's stay.
    (c) The parent or guardian of an individual with a mental illnessmay accept or reject a suggested placement under this section.
As added by P.L.2-1992, SEC.16. Amended by P.L.99-2007,SEC.107.

IC 12-22-1-5
Costs of care; subsidy
    Sec. 5. The division may subsidize a part of the reasonable costsof respite care provided under section 3(a) of this chapter if thefollowing conditions exist:
        (1) The individual with a mental illness is not eligible under theMedicaid program.
        (2) The division does not subsidize any part of the costs of morethan twenty (20) days of respite care provided to an individualin a calendar year.
As added by P.L.2-1992, SEC.16. Amended by P.L.99-2007,SEC.108.

IC 12-22-1-6
Rules    Sec. 6. The director may adopt rules under IC 4-22-2 to implementthis chapter.
As added by P.L.2-1992, SEC.16.