IC 12-28-4
    Chapter 4. Residential Facilities for Developmentally DisabledIndividuals and Mentally Ill Individuals

IC 12-28-4-1
Application of chapter
    Sec. 1. This chapter applies to residential facilities for bothindividuals with a developmental disability and individuals with amental illness.
As added by P.L.2-1992, SEC.22. Amended by P.L.99-2007,SEC.137.

IC 12-28-4-2
Planning authority defined
    Sec. 2. As used in this chapter, "planning authority" means theagency of county, city, or town government that performs theplanning function under IC 36-7 for the land on which a residentialfacility may be placed.
As added by P.L.2-1992, SEC.22.

IC 12-28-4-3
Staffing; daily living, self-help, and social skills needs of recipients;Medicaid; federal financial participation
    Sec. 3. Residential facilities for individuals with a developmentaldisability must have sufficient qualified training and habilitationsupport staff so that the residential facility, regardless of organizationor design, has appropriately qualified and adequately trained staff(not necessarily qualified mental retardation professionals (asdefined in 42 CFR 442.401)) to conduct the activities of daily living,self-help, and social skills that are minimally required based on eachrecipient's needs and, if appropriate, for federal financialparticipation under the Medicaid program.
As added by P.L.2-1992, SEC.22. Amended by P.L.99-2007,SEC.138.

IC 12-28-4-4
Staffing limitations for facilities certified for financial participationunder Medicaid program
    Sec. 4. For residential facilities for individuals with adevelopmental disability that are certified for financial participationunder the Medicaid program, the division of disability andrehabilitative services shall recommend staffing limitationsconsistent with the program needs of the residents as a part of theoffice of Medicaid policy and planning's rate setting procedures.
As added by P.L.2-1992, SEC.22. Amended by P.L.4-1993, SEC.208;P.L.5-1993, SEC.221; P.L.141-2006, SEC.69; P.L.99-2007,SEC.139.

IC 12-28-4-5
Staffing limitations for facilities not certified for financial

participation under Medicaid program
    Sec. 5. For residential facilities for individuals with adevelopmental disability that are not certified for financialparticipation under the Medicaid program, the division of disabilityand rehabilitative services shall approve appropriate staffinglimitations consistent with the program needs of the residents as apart of the division's rate setting procedures.
As added by P.L.2-1992, SEC.22. Amended by P.L.4-1993, SEC.209;P.L.5-1993, SEC.222; P.L.141-2006, SEC.70; P.L.99-2007,SEC.140.

IC 12-28-4-6
Staffing limitations; memorandum of agreement
    Sec. 6. The office of Medicaid policy and planning and thedivision of disability and rehabilitative services shall enter into amemorandum of agreement that defines the staffing limitations to beused by the office of Medicaid policy and planning in establishingreimbursement rates. The staffing limitations under section 5 of thischapter may not exceed the staffing limitations defined by thememorandum of agreement between the office of Medicaid policyand planning and the division of disability and rehabilitative servicesunder section 4 of this chapter.
As added by P.L.2-1992, SEC.22. Amended by P.L.4-1993, SEC.210;P.L.5-1993, SEC.223; P.L.141-2006, SEC.71.

IC 12-28-4-7
Zoning ordinances; residential facilities for individuals with amental illness
    Sec. 7. (a) A zoning ordinance (as defined in IC 36-7-1-22) maynot exclude a residential facility for individuals with a mental illnessfrom a residential area solely because the residential facility is abusiness or because the individuals residing in the residential facilityare not related. The residential facility may be required to meet allother zoning requirements, ordinances, and laws.
    (b) A zoning ordinance may exclude a residential facility forindividuals with a mental illness from a residential area if theresidential facility will be located within three thousand (3,000) feetof another residential facility for individuals with a mental illness, asmeasured between lot lines.
As added by P.L.2-1992, SEC.22. Amended by P.L.99-2007,SEC.141.

IC 12-28-4-8
Zoning ordinances; residential facilities for individuals with adevelopmental disability
    Sec. 8. (a) A residential facility for individuals with adevelopmental disability:
        (1) for not more than eight (8) individuals with a developmentaldisability; and
        (2) established under a program authorized by

IC 12-11-1.1-1(e)(1) or IC 12-11-1.1-1(e)(2);
is a permitted residential use that may not be disallowed by anyzoning ordinance (as defined in IC 36-7-1-22) in a zoning district orclassification that permits residential use.
    (b) A zoning ordinance may only require a residential facilitydescribed in subsection (a) to meet the same:
        (1) zoning requirements;
        (2) developmental standards; and
        (3) building codes;
as other residential structures or improvements in the sameresidential zoning district or classification.
As added by P.L.2-1992, SEC.22. Amended by P.L.272-1999,SEC.48; P.L.99-2007, SEC.142.

IC 12-28-4-9
Covenants created before April 1, 1988, restricting residentialfacilities for persons with a developmental disability or mentalillness
    Sec. 9. (a) This section applies to each restriction, reservation,condition, exception, or covenant that is created before April 1, 1988,in any subdivision plat, deed, or other instrument of, or pertaining to,the transfer, sale, lease, or use of property.
    (b) A restriction, a reservation, a condition, an exception, or acovenant in a subdivision plat, deed, or other instrument of, orpertaining to, the transfer, sale, lease, or use of property that wouldpermit the residential use of property but prohibit the use of thatproperty as a residential facility for individuals with a developmentaldisability or individuals with a mental illness:
        (1) on the ground that the residential facility is a business;
        (2) on the ground that the individuals residing in the residentialfacility are not related; or
        (3) for any other reason;
is, to the extent of the prohibition, void as against the public policyof the state.
As added by P.L.2-1992, SEC.22. Amended by P.L.99-2007,SEC.143.

IC 12-28-4-10
Covenants created on or after April 1, 1988, restricting residentialfacilities for persons with a developmental disability or mentalillness
    Sec. 10. (a) This section applies to each restriction, reservation,condition, exception, or covenant that is created on or after April 1,1988, in any subdivision plat, deed, or other instrument of, orpertaining to, the transfer, sale, lease, or use of property.
    (b) A restriction, a reservation, a condition, an exception, or acovenant in a subdivision plat, deed, or other instrument of, orpertaining to, the transfer, sale, lease, or use of property that wouldpermit the residential use of property but prohibit the use of thatproperty as a residential facility for individuals with a developmental

disability or individuals with a mental illness:
        (1) on the ground that the residential facility is a business;
        (2) on the ground that the individuals residing in the residentialfacility are not related; or
        (3) for any other reason;
is, to the extent of the prohibition, void as against the public policyof the state.
As added by P.L.2-1992, SEC.22. Amended by P.L.99-2007,SEC.144.

IC 12-28-4-11
Repealed
    (Repealed by P.L.6-1995, SEC.39.)

IC 12-28-4-12
Establishment of facilities by division; priority given counties withlow ratios of resident facility beds; recruiting private operators
    Sec. 12. (a) Subject to the availability of money and consistentwith needs assessment, the division of disability and rehabilitativeservices shall give priority to the establishment of residentialfacilities, other than the facilities described in section 3 of thischapter, in counties in which the ratio of the number of residentialfacility beds to county population is in the lowest twenty-five percent(25%) when compared to all other Indiana counties. The division ofdisability and rehabilitative services may operate residential facilitiesestablished under this section.
    (b) Before the division of disability and rehabilitative servicestakes any steps to establish a residential facility under this section,the division shall place at least two (2) legal advertisements in anewspaper having a general circulation in the county. Theseadvertisements must be aimed at recruiting private parties to serve asoperators of residential facilities in the county. The advertisementsmust be published at intervals at least one (1) month apart.
As added by P.L.2-1992, SEC.22. Amended by P.L.4-1993, SEC.212;P.L.5-1993, SEC.225; P.L.141-2006, SEC.72.

IC 12-28-4-13
Development and lease effort
    Sec. 13. (a) The division of disability and rehabilitative servicesmay operate a program known as the development and lease effort.Under the program, the division of disability and rehabilitativeservices may develop contracts under which the state agrees to leasebuildings from private parties for use as residential facilities forindividuals with a mental illness or individuals with autism or otherindividuals with a developmental disability. Notwithstanding anyother law, each contract may include provisions that ensure thefollowing:
        (1) That the state will lease a building for not more than ten(10) years for use as a residential facility for individuals withautism.        (2) That the state will retain the right to extend the term of thelease for not more than ten (10) years at the conclusion of thefirst ten (10) years.
        (3) That the state will retain the right to sublease the building toa person who agrees to operate the building as a residentialfacility for individuals with autism under this chapter.
    (b) Leases entered into under this section are subject to theapproval of the Indiana department of administration, the attorneygeneral, the governor, and the budget agency, as provided by law.
As added by P.L.2-1992, SEC.22. Amended by P.L.4-1993, SEC.213;P.L.5-1993, SEC.226; P.L.141-2006, SEC.73; P.L.99-2007,SEC.145.

IC 12-28-4-14
Rules
    Sec. 14. The community residential facilities council may adoptrules under IC 4-22-2 to implement this chapter.
As added by P.L.2-1992, SEC.22.