CHAPTER 5. ADMISSION TO STATE INSTITUTIONS
IC 12-24-5
Chapter 5. Admission to State Institutions
IC 12-24-5-1
"Resident" defined
Sec. 1. As used in this chapter, "resident" refers to an individualwho has lived continuously in Indiana during the previous year.
As added by P.L.2-1992, SEC.18.
IC 12-24-5-2
Determination of residence; requirements
Sec. 2. For purposes of determining the residence of an individualunder this chapter, the following apply:
(1) If the individual spent any time in a public or privatehospital or institution, the individual is not considered to havelived in Indiana continuously during that period.
(2) If the individual has been a resident of a state that does nothave a reciprocal agreement with Indiana, the residencerequirements for the individual to gain admission to a stateinstitution may not be less than the requirements for residencein the state of the former residence of the individual.
As added by P.L.2-1992, SEC.18.
IC 12-24-5-3
Care and maintenance; residents
Sec. 3. A resident is entitled to care and maintenance in a stateinstitution if the resident is legally admitted to the state institution.
As added by P.L.2-1992, SEC.18.
IC 12-24-5-4
Nonresidents; factors
Sec. 4. The director may authorize the admission of an individualwho is not a resident to a state institution if, in the judgment of thedirector:
(1) it cannot be determined if the individual is a resident; or
(2) the circumstances of the case constitute sufficient reason toadmit the individual.
As added by P.L.2-1992, SEC.18.
IC 12-24-5-5
Deportation of escapee from institution of another state
Sec. 5. The director may order the deportation of an individualfound in Indiana who has escaped from an institution of another stateeven if an application to admit the individual to a state institution hasnot been made.
As added by P.L.2-1992, SEC.18.
IC 12-24-5-6
Report of nonresident patient to director; investigation; return toplace of residence; certification of impracticability Sec. 6. (a) The superintendent of a state institution shall notify thedirector if there is a patient in the state institution who thesuperintendent believes is not a resident.
(b) If the director receives a report under subsection (a), thedirector or the director's designee shall investigate whether thepatient is a resident.
(c) Except as provided in subsection (e), if the director determinesthat the patient was not a resident at the time of admission to thestate institution, the division shall return the patient to the patient'splace of residence.
(d) If the director determines it is impractical to return the patientto the patient's place of residence, the director shall certify that factin writing.
(e) If the director makes a certification under subsection (d), thepatient is considered a resident of the county in which the patientresided for the longest time during the year immediately precedingthe patient's admission to the state institution.
As added by P.L.2-1992, SEC.18.
IC 12-24-5-7
Interstate agreements concerning return of individuals to state ofresidence
Sec. 7. The director may enter into agreements with authorities ofanother state that enacts legislation consistent with this chapter forthe following:
(1) The arbitration of disputed questions between the other stateand Indiana concerning the residence of individuals.
(2) The return of the individuals to their place of residence.
As added by P.L.2-1992, SEC.18.
IC 12-24-5-8
Return of resident; consent
Sec. 8. The director may consent to the return to Indiana of anindividual who is a resident.
As added by P.L.2-1992, SEC.18.
IC 12-24-5-9
Designation of state institution to receive returnees; care
Sec. 9. The director shall designate a state institution to do thefollowing:
(1) Receive individuals returned to Indiana under this chapter.
(2) Provide care for those individuals until committed to theproper state institution.
As added by P.L.2-1992, SEC.18.
IC 12-24-5-10
Deportation expense; payment
Sec. 10. The actual necessary expense incurred in deporting anindividual under this chapter shall be paid from the state general fundupon a verified claim made by the director or the director's designee.As added by P.L.2-1992, SEC.18.