CHAPTER 2. MANAGEMENT AND STAFFING OF COUNTY HOMES
IC 12-30-2
Chapter 2. Management and Staffing of County Homes
IC 12-30-2-1
Superintendent; term of office; removal
Sec. 1. The board of commissioners of each county shall appointa superintendent of the county home. The superintendent serves forfour (4) years from March 1, unless removed for cause under section5 of this chapter.
As added by P.L.2-1992, SEC.24.
IC 12-30-2-2
Superintendent; qualifications
Sec. 2. In appointing a superintendent of the county home, thecommissioners shall select a reputable citizen of good moralcharacter, kind and humane disposition, and good executive ability,who has had a good education. No consideration other thancharacter, competence, and fitness may be allowed to actuate thecommissioners in selecting, continuing, or discharging asuperintendent or other officer.
As added by P.L.2-1992, SEC.24.
IC 12-30-2-3
Superintendent; nepotism
Sec. 3. A relative of a member of the board of commissioners maynot be appointed superintendent or employed in any capacity. Arelative of the superintendent, except the spouse as assistant, may notbe employed in any capacity with the home except by the consent ofthe board of commissioners.
As added by P.L.2-1992, SEC.24.
IC 12-30-2-4
Superintendent; bond
Sec. 4. Each superintendent of a county home established andoperated under this chapter may, in the manner prescribed byIC 5-4-1, be required to give bond, conditioned upon the faithfuldischarge of the superintendent's duty.
As added by P.L.2-1992, SEC.24.
IC 12-30-2-5
Superintendent; removal for cause; record; appeal
Sec. 5. The board of commissioners of a county may remove thesuperintendent of the county home from office at any time, but onlyfor cause, which must be entered in the record book of the board ofcommissioners. A superintendent removed from office under thissection may appeal the removal action to the circuit court of thecounty within ten (10) days in the same manner as other appeals aretaken from actions of the board of commissioners.
As added by P.L.2-1992, SEC.24.
IC 12-30-2-6
Superintendent; salary; quarters and board
Sec. 6. Each superintendent appointed under this chapter isentitled to an annual salary, in addition to quarters and board for thesuperintendent and family in the county home, in an amount fixed bythe board of commissioners.
As added by P.L.2-1992, SEC.24.
IC 12-30-2-7
Management rules; employees; number and compensation
Sec. 7. The board of commissioners of each county shall prescriberules necessary for the management of the county home. With theadvice and assistance of the superintendent of the county home, theboard of commissioners shall regulate the number and fix thecompensation of the assistants, nurses, attendants, farmers,seamstresses, laborers, and other employees needed for the care andcontrol of the home.
As added by P.L.2-1992, SEC.24.
IC 12-30-2-8
Inspections; report
Sec. 8. (a) The board of commissioners shall, as a board, visit andinspect the county home at least one (1) time in every three (3)months and enter a report of the board of commissioners' inspection,stating needs and conditions of the institution in the records of theboard of commissioners. The report shall be signed by each memberof the board of commissioners.
(b) The members of a board of commissioners that has establisheda county home under this chapter shall, in person, annually inspectthe county home with regard to the fitness of the county home in allrespects for the object for which the county home was established.
As added by P.L.2-1992, SEC.24.
IC 12-30-2-9
Employees; appointment; removal; qualifications
Sec. 9. (a) The superintendent of a county home shall appoint theassistants, nurses, farmers, laborers, and other employees needed forthe work of the home.
(b) The superintendent may at any time remove and dismiss anofficer or employee appointed by the superintendent. Thesuperintendent shall report the removal in writing to the board ofcommissioners at the next regular meeting.
(c) The superintendent of a county home shall promptly removean officer or employee who is guilty of drunkenness, profane orabusive language in the presence of the residents, cruelty to theresidents, lewdness, or any other offense against Indiana law oragainst public decency.
(d) The superintendent may not consider political, family, or anyother improper influence in appointing or dismissing a subordinateofficer or an employee. Considerations of character, merit, and
competence are the only reasons for appointment or dismissal.
As added by P.L.2-1992, SEC.24.
IC 12-30-2-10
Management of home; best interests of county; labor by residents;excuse from labor; dismissal for refusing labor
Sec. 10. (a) The superintendent of the county home shall managethe county home and its farm to the best interests of the county.
(b) The superintendent shall maintain order and discipline andshall assign a reasonable amount of labor to every resident who isable to perform labor. A resident may not be excused from laborexcept by the superintendent or by the county physician for cause.The excuse of a resident by the physician shall be for a definite time,except in the case of:
(1) residents at least seventy (70) years of age; or
(2) residents suffering from a physical or mental disability thatmakes the residents unfit for labor;
to whom a permanent excuse may be given by the physician.
(c) A resident who refuses to perform the task assigned by thesuperintendent may be dismissed from the county home by thesuperintendent and can only be readmitted within six (6) weeks afterdismissal:
(1) with the consent of the superintendent; or
(2) upon an order that is issued by the township trustee as theadministrator of township assistance and endorsed by thechairman of the board of commissioners.
As added by P.L.2-1992, SEC.24. Amended by P.L.73-2005,SEC.155.
IC 12-30-2-11
Rules prescribed by the board of commissioners; suggestions madeby division; reports
Sec. 11. The superintendent of a county home shall carefullyobserve the rules prescribed by the board of commissioners and shallbe guided by suggestions that are made by the division of familyresources and the county office. The superintendent shall makereports to the board of commissioners when the board ofcommissioners orders and shall make reports to the division offamily resources when directed by the division.
As added by P.L.2-1992, SEC.24. Amended by P.L.4-1993, SEC.225;P.L.5-1993, SEC.238; P.L.145-2006, SEC.127.
IC 12-30-2-12
Biannual report to board of commissioners; contents
Sec. 12. The superintendent shall make to the board ofcommissioners a detailed biannual report in writing of the following:
(1) The time and manner of the admission of each indigentindividual.
(2) The health and fitness for labor of each resident.
(3) The value of the labor contributed by the residents of the
county home.
(4) The expense incurred in the operation of the county home.
As added by P.L.2-1992, SEC.24.
IC 12-30-2-13
Excess produce; sales; proceeds; deposits; reports
Sec. 13. (a) If there is produce of the county farm that is notneeded for the subsistence of the residents, the superintendent shallreport that fact to the board of commissioners. The board ofcommissioners may order the superintendent to sell the surplusproduce in the manner and at the time as to produce the best returnof money to the county.
(b) The superintendent shall, after making a sale of surplusproduce under this section, collect the money and deposit the moneywith the county treasurer, who shall give the superintendent a receiptfor the amount. The superintendent shall immediately thereafterreport the transaction to the county auditor, file with the auditor thetreasurer's receipt for the money, and take a quietus from the auditorfor the money.
(c) All transactions regarding the sale of surplus products from thecounty farm shall be reported by the superintendent to the board ofcommissioners in an open meeting. The following information aboutthe transactions shall be entered upon the board of commissioners'record:
(1) The names of the purchasers.
(2) A description of the articles sold.
(3) The quantity of articles sold.
(4) The date of sale.
(5) The price received.
As added by P.L.2-1992, SEC.24.
IC 12-30-2-14
Payment of officers and employees; materials and supplies; specificappropriations; void agreements
Sec. 14. (a) The authority of a county fiscal body under thischapter to pay officers and employees of county homes and to payfor materials and supplies for county homes is strictly limited to theextent of specific appropriations of money made in advance by thecounty fiscal body upon estimates furnished.
(b) An obligation or a liability may not be incurred by an officeron behalf of the county unless the obligation or liability is within theappropriation specifically made for the purpose.
(c) An undertaking or agreement contrary to this section is void,and no action may be maintained against the county based upon theundertaking or agreement.
As added by P.L.2-1992, SEC.24.
IC 12-30-2-15
Itemized statements of payments for medical services of countyhome residents Sec. 15. (a) Beginning on July 1, 2004, before the last day of eachmonth, the office of the secretary of family and social services, or theoffice's designee, shall submit to a county home an itemizedstatement of a payment for the medical services for a resident of thecounty home during the previous calendar month, if a resident hasgiven written consent allowing the office to disclose the resident'spayment for medical services information to the county home.
(b) The office of the secretary of family and social services, or theoffice's designee, shall include the following information in theitemized statement:
(1) The patient's name.
(2) The service code for the service provider.
(3) The amount requested by the provider.
(4) The amount paid by the office.
(c) Before July 1, 2004, the office of the secretary of family andsocial services, or the office's designee, shall maintain a countyhome's itemized statements so as to allow a county home access tothe county home's statements through a secure connection over theInternet.
As added by P.L.246-2003, SEC.1.