CHAPTER 5. COMMUNITY RESIDENTIAL FACILITIES COUNCIL
IC 12-28-5
Chapter 5. Community Residential Facilities Council
IC 12-28-5-1
Council defined
Sec. 1. As used in this chapter, "council" refers to the communityresidential facilities council established by this chapter.
As added by P.L.2-1992, SEC.22.
IC 12-28-5-2
Community residential facilities council; membership; financialinterests
Sec. 2. (a) The community residential facilities council isestablished. The council consists of the following membersappointed by the governor:
(1) One (1) professional possessing specialized training in thefield of human development.
(2) One (1) member of the professional staff of the division ofdisability and rehabilitative services.
(3) One (1) member of the professional staff of the office ofMedicaid policy and planning.
(4) One (1) member of the professional staff of the statedepartment of health.
(5) One (1) individual possessing a special interest inindividuals with a developmental disability.
(6) One (1) individual possessing a special interest inindividuals with a mental illness.
(7) One (1) individual who is the chief executive officer of afacility providing both day services and residential services forindividuals with a developmental disability.
(8) One (1) individual who is the chief executive officer of afacility providing residential services only for individuals witha developmental disability.
(9) One (1) individual who is a member of the professional staffof the Indiana protection and advocacy services commission.The individual appointed under this subdivision is an ex officiomember of the council.
(10) One (1) individual who is the chief executive officer of anentity providing only supported living services.
(11) One (1) individual who is receiving services through thebureau of developmental disabilities services.
(12) Two (2) members of the public. One (1) member appointedunder this subdivision may be a member of a representativeorganization of state employees.
(b) Except for the members designated by subsection (a)(7),(a)(8), and (a)(10), a member of the council may not have an indirector a direct financial interest in a residential facility for individualswith a developmental disability.
As added by P.L.2-1992, SEC.22. Amended by P.L.23-1992, SEC.5;P.L.4-1993, SEC.214; P.L.5-1993, SEC.227; P.L.111-1997, SEC.5;
P.L.272-1999, SEC.49; P.L.263-2001, SEC.1; P.L.141-2006,SEC.74; P.L.99-2007, SEC.146.
IC 12-28-5-3
Term of office; reappointment
Sec. 3. The term of each member of the council is four (4) years.Except for the members listed in section 2(a)(7), 2(a)(8), and2(a)(10) of this chapter, members of the council may be reappointed.
As added by P.L.2-1992, SEC.22. Amended by P.L.23-1992, SEC.6;P.L.263-2001, SEC.2.
IC 12-28-5-4
Vacancies
Sec. 4. A vacancy occurring before the expiration of a term shallbe filled by the governor with the same type of individual thatvacated the office.
As added by P.L.2-1992, SEC.22.
IC 12-28-5-5
Removal for cause
Sec. 5. A member may be removed only for cause.
As added by P.L.2-1992, SEC.22.
IC 12-28-5-6
Community residential facilities council; presiding officerappointment
Sec. 6. The governor shall appoint a member of the council toserve as presiding officer of the council.
As added by P.L.2-1992, SEC.22. Amended by P.L.23-1992, SEC.7.
IC 12-28-5-7
Quarterly meetings; additional meetings
Sec. 7. The council:
(1) shall meet at least quarterly; and
(2) may meet more often than quarterly if necessary, but notmore often than monthly.
Only the presiding officer may call additional meetings.
As added by P.L.2-1992, SEC.22. Amended by P.L.23-1992, SEC.8;P.L.263-2001, SEC.3.
IC 12-28-5-8
Quorum
Sec. 8. A majority of the members must be present to have aquorum.
As added by P.L.2-1992, SEC.22.
IC 12-28-5-9
Per diem; reimbursement of expenses
Sec. 9. Each member of the council who is not a state employeeis entitled to the minimum salary per diem as provided in
IC 4-10-11-2.1(b) for each day spent on the official business of thecouncil and to reimbursement for traveling expenses and otherexpenses actually incurred in connection with the member's duties,as provided in the state travel policies and procedures established bythe Indiana department of administration and approved by the budgetagency.
As added by P.L.2-1992, SEC.22.
IC 12-28-5-10
Duties
Sec. 10. In conjunction with the division of disability andrehabilitative services, the council shall do the following:
(1) Determine the current and projected needs of eachgeographic area of Indiana for residential services forindividuals with a developmental disability.
(2) Determine how the provision of developmental orvocational services for residents in these geographic areasaffects the availability of developmental or vocational servicesto individuals with a developmental disability living in theirown homes.
(3) Develop standards for licensure of supervised group livingfacilities regarding the following:
(A) A sanitary and safe environment for residents andemployees.
(B) Classification of supervised group living facilities.
(C) Any other matters that will ensure that the residents willreceive a residential environment.
(4) Develop standards for the approval of entities providingsupported living services.
(5) Recommend social and habilitation programs to the Indianahealth facilities council for individuals with a developmentaldisability who reside in health facilities licensed underIC 16-28.
(6) Develop and update semiannually a report that identifies thenumbers of individuals with a developmental disability who livein health facilities licensed under IC 16-28. The Indiana healthfacilities council shall assist in developing and updating thisreport.
As added by P.L.2-1992, SEC.22. Amended by P.L.23-1992, SEC.9;P.L.2-1993, SEC.116; P.L.4-1993, SEC.215; P.L.5-1993, SEC.228;P.L.6-1995, SEC.29; P.L.255-1996, SEC.8; P.L.263-2001, SEC.4;P.L.141-2006, SEC.75; P.L.99-2007, SEC.147.
IC 12-28-5-11
License required for supervised group living facilities
Sec. 11. (a) A supervised group living facility must have a licenseor provisional license issued under this chapter to operate.
(b) An entity that provides supported living services must beapproved by the council under this chapter to operate.
As added by P.L.2-1992, SEC.22. Amended by P.L.6-1995, SEC.30;
P.L.263-2001, SEC.5.
IC 12-28-5-12
Supervised group living facility entitled to license; location
Sec. 12. (a) The council may license only those supervised groupliving facilities that:
(1) meet the standards established under section 10 of thischapter; and
(2) are necessary to provide adequate services to individualswith a developmental disability in that geographic area.
(b) A supervised group living facility described in subsection (c)may locate in only one (1) of the following counties:
(1) A county having a population of more than twenty-seventhousand (27,000) but less than twenty-seven thousand twohundred (27,200).
(2) A county having a population of more than one hundredseventy thousand (170,000) but less than one hundred eightythousand (180,000).
(3) A county having a population of more than fifty thousand(50,000) but less than fifty-five thousand (55,000).
(c) Notwithstanding 431 IAC 1.1-3-7(c) and 431 IAC 1.1-3-7(d),the council shall license one (1) supervised group living facility thatis located less than one thousand (1,000) feet from anothersupervised group living facility or a sheltered workshop under thefollowing conditions:
(1) Both of the supervised group living facilities meet allstandards for licensure as provided in section 10(3) of thischapter.
(2) Both of the supervised group living facilities are built onland that is owned by one (1) private entity.
(3) The community formed by the supervised group livingfacilities provides job opportunities for residents of thesupervised group living facilities.
(d) The council may approve an entity to provide supported livingservices only if the entity meets the standards established undersection 10 of this chapter.
As added by P.L.2-1992, SEC.22. Amended by P.L.6-1995, SEC.31;P.L.255-1996, SEC.9; P.L.6-1998, SEC.1; P.L.263-2001, SEC.6;P.L.170-2002, SEC.83; P.L.99-2007, SEC.148.
IC 12-28-5-13
Revocation of license; hearing
Sec. 13. The council may revoke:
(1) the license of a supervised group living facility; or
(2) the approval of an entity that provides supported livingservices;
that no longer meets the standards established under section 10 ofthis chapter after following the procedures prescribed by IC 4-21.5-3.If a hearing is provided for or authorized to be held by the council,the council may designate a person as its agent or representative to
conduct a hearing. The agent or representative shall conduct thehearing under IC 4-21.5-3.
As added by P.L.2-1992, SEC.22. Amended by P.L.6-1995, SEC.32;P.L.263-2001, SEC.7.
IC 12-28-5-14
Provisional license
Sec. 14. (a) The council may issue a provisional license to afacility that does not qualify for a license under section 12 of thischapter but that provides satisfactory evidence that the facility willqualify within a period prescribed by the council. The period may notexceed six (6) months.
(b) The council may issue provisional approval to an entityproviding supported living services that does not qualify for approvalunder section 12 of this chapter but that provides satisfactoryevidence that the entity will qualify within a period prescribed by thecouncil. The period may not exceed six (6) months.
As added by P.L.2-1992, SEC.22. Amended by P.L.263-2001, SEC.8.
IC 12-28-5-15
Staff; supervised group living facility review; agency assistance
Sec. 15. The division of disability and rehabilitative services shallprovide the staff for the council to accomplish the council'sfunctions. The council may require any other agency of stategovernment to assist the council in performing a review of asupervised group living facility to determine if the supervised groupliving facility should be licensed.
As added by P.L.2-1992, SEC.22. Amended by P.L.23-1992, SEC.10;P.L.4-1993, SEC.216; P.L.5-1993, SEC.229; P.L.6-1995, SEC.33;P.L.255-1996, SEC.10; P.L.141-2006, SEC.76.
IC 12-28-5-16
Division as primary state agency to plan and coordinate programsof supervised group living facilities and services
Sec. 16. The division of disability and rehabilitative services is theprimary state agency responsible for planning, developing,coordinating, and implementing the plan and program of supervisedgroup living facilities and services, including developmental andvocational services, needed for individuals with a developmentaldisability residing in those facilities. Other state agencies authorizedby law or rule to carry out activities and control money that have adirect bearing upon the provision of supervised group living servicesshall enter into memoranda of understanding or contracts with thedivision of disability and rehabilitative services to ensure acoordinated utilization of resources and responsibilities.
As added by P.L.2-1992, SEC.22. Amended by P.L.4-1993, SEC.217;P.L.5-1993, SEC.230; P.L.6-1995, SEC.34; P.L.141-2006, SEC.77;P.L.99-2007, SEC.149.
IC 12-28-5-17 Inspection of facilities
Sec. 17. The inspection of a facility to determine its compliancewith state licensure standards shall be conducted, to the extentfeasible, at the same time as the inspection to determine itscompliance with federal standards.
As added by P.L.2-1992, SEC.22.
IC 12-28-5-18
Repealed
(Repealed by P.L.111-1997, SEC.9.)
IC 12-28-5-19
Rules to implement chapter
Sec. 19. The council may adopt rules under IC 4-22-2 toimplement this chapter.
As added by P.L.23-1992, SEC.12.