CHAPTER 3. COUNTY HOMES IN CERTAIN COUNTIES
IC 12-30-3
Chapter 3. County Homes in Certain Counties
IC 12-30-3-1
Application of chapter
Sec. 1. This chapter applies to a county having a population ofmore than two hundred thirty-five thousand (235,000).
As added by P.L.2-1992, SEC.24.
IC 12-30-3-2
Establishment of homes
Sec. 2. (a) The board of commissioners may establish, construct,purchase, lease, convert, or accept and maintain a county home forthe support and care of individuals within at least one (1) of thefollowing categories:
(1) The aged.
(2) The blind.
(3) The destitute.
(4) The homeless.
(5) The infirm or chronically ill.
(6) Individuals who need nursing or convalescent care, but nothospitalization, within the available facilities of the countyhome.
(b) The board of commissioners may use or convert:
(1) the county infirmary;
(2) the county home;
(3) the county farm; or
(4) any other facilities belonging to or received by the countyby donation, gift, devise, purchase, lease, or otherwise;
for the purposes set forth in subsection (a).
As added by P.L.2-1992, SEC.24.
IC 12-30-3-3
County home board; membership; qualifications; term of office;vacancies
Sec. 3. (a) A county home board is created in each county thatmaintains a county home under this chapter.
(b) The county home board consists of seven (7) members whomust be residents of the county. The county home board shall beappointed by the board of commissioners, with consent of the countycouncil. The members shall be appointed without regard to politicalaffiliation, except that not more than four (4) members may belongto the same political party.
(c) Each member shall be appointed on the basis of the member'srecognized interests in and demonstrated knowledge of the problemsof the county home and the proper care and treatment of the countyhome's patients and residents.
(d) All appointments are for terms of four (4) years and begin onthe January 1 immediately after the expiration of the previous termof appointment. A member serves until the member's successor has
been appointed and qualified.
(e) A vacancy occurring for any cause in the membership of thecounty home board shall be filled for the unexpired term by theboard of commissioners. The board of commissioners shall makeappointments promptly as far as feasible so that the full membershipof the county home board shall be appointed and maintained.
As added by P.L.2-1992, SEC.24.
IC 12-30-3-4
County home board; members; mileage payments; per diem
Sec. 4. (a) The members of the county home board serve withoutsalary, but are entitled to receive for each mile actually andnecessarily traveled:
(1) within the county in going to and from officially calledmeetings of the county home board; and
(2) within Indiana in going to and from meetings of the countyhome board officially called by the division of family resources;
an amount for mileage at a rate determined by the county fiscal body.
(b) A member not holding other lucrative elective or appointiveoffice may receive a per diem allowance of not more thantwenty-five dollars ($25) for attendance at any regularly calledmeeting of the county home board. Per diem allowances may notexceed twenty-five dollars ($25) to any one (1) member in a calendarmonth and may be paid only if the amount has been made availableby appropriation.
As added by P.L.2-1992, SEC.24. Amended by P.L.10-1997, SEC.17;P.L.145-2006, SEC.128.
IC 12-30-3-5
County home board; meetings; quorum
Sec. 5. (a) The county home board shall hold one (1) regularmeeting each month and the called meetings prescribed by the rulesof the county home board. The regular meeting shall be held at thecounty home unless the county home board decides to hold themeeting elsewhere for some specific reason. The May meeting is theannual meeting.
(b) Four (4) members of the county home board constitute aquorum for the transaction of business. At the annual meeting, thecounty home board shall elect a president and a vice president for aterm of one (1) year. The president and vice president serve until asuccessor is elected.
As added by P.L.2-1992, SEC.24.
IC 12-30-3-6
County home board; official seal; minute book
Sec. 6. The county home board shall adopt and use an official sealfor the authentication of the county home board's orders and recordsand shall cause the county home board's proceeding to be dulyrecorded in an official minute book maintained by the secretary ofthe county home board.As added by P.L.2-1992, SEC.24.
IC 12-30-3-7
County home superintendent; appointment; qualifications;removal
Sec. 7. (a) The county home board shall, with the advice andapproval of the board of commissioners, appoint a county homesuperintendent.
(b) The county home superintendent shall be appointed solely onthe basis of merit and fitness for the position and without regard tothe appointee's political affiliation. The county home superintendentmust:
(1) be a citizen of the United States;
(2) be of good executive ability;
(3) be qualified as an institutional administrative officer;
(4) be a reputable citizen of good moral character; and
(5) have had the proper experience and training to manageefficiently the county home and to supervise or providenecessary and proper care and treatment for the county home'spatients and residents.
(c) The county home superintendent may be removed from officeonly for cause, on charges of inefficiency or another proper charge,after a hearing before the county home board.
As added by P.L.2-1992, SEC.24.
IC 12-30-3-8
County home superintendent; duties; compensation; mileagepayments; oath; bond
Sec. 8. (a) The county home superintendent:
(1) is the executive and administrative officer of the countyhome;
(2) serves as the secretary of the county home board but is nota voting member of the county home board; and
(3) shall perform all duties and functions of county homesuperintendent as provided by law under the direction andsupervision of the county home board.
(b) A county home superintendent is entitled to compensation asfixed by the county home board within the lawfully establishedappropriations, which shall be paid monthly in the same manner asthe compensation of the county officers as provided by law.
(c) In addition to the compensation referred to in subsection (b),the county home superintendent may receive for each mile actuallyand necessarily traveled an amount for mileage at a rate determinedby the county fiscal body.
(d) Before entering upon the duties of the superintendent's office,the county home superintendent:
(1) shall take the oath of office required by law; and
(2) may, in the manner prescribed by IC 5-4-1, be required toexecute a surety bond conditioned on the faithful performanceof the superintendent's duties.As added by P.L.2-1992, SEC.24. Amended by P.L.10-1997, SEC.18.
IC 12-30-3-9
County home board; policies, rules, and regulations forgovernment of home; discharge by county home superintendent ofadministrative duties
Sec. 9. (a) The county home board shall adopt all policies, rules,and regulations for the government of the county home.
(b) The county home superintendent shall discharge alladministrative and executive duties and responsibilities of the countyhome, subject to the approval of the county home board.
As added by P.L.2-1992, SEC.24.
IC 12-30-3-10
County home board; duties
Sec. 10. The county home board shall do the following:
(1) Fix the salaries of the officers and employees of the countyhome within the lawfully established appropriations.
(2) Supervise the maintenance, operation, and services of thecounty home.
(3) Supervise and safeguard the health, safety, welfare, andcomfort of the patients and residents of the county home.
(4) Review and approve the annual budget of the county homefor submission as provided by law.
(5) Adopt rules and regulations for admissions to the countyhome as provided by law, subject to the approval of the boardof commissioners.
(6) Recommend to the board of commissioners necessaryadditions, repairs, and improvements to the buildings, grounds,and physical plant of the county home.
(7) Review quarterly and annual estimates and requests forfood, supplies, and equipment for the county home.
(8) Plan for the requirements of the county home and interpretthose requirements to the board of commissioners and thecounty council.
(9) Cooperate with the county hospital authorities and otherpublic and private agencies and facilities of the county andstate.
(10) Improve and extend the services and facilities of the countyhome as found necessary or desirable, especially nursingservices for the aged, blind, infirm, and chronically ill, andthose in need of nursing and convalescent care.
As added by P.L.2-1992, SEC.24.
IC 12-30-3-11
County home board; development plan; cooperation with otheragencies
Sec. 11. The county home board shall plan for the effectivedevelopment of the county home for the public benefit and shall beempowered to cooperate with all agencies of government to
accomplish this purpose.
As added by P.L.2-1992, SEC.24.
IC 12-30-3-12
County home board; inspection of facilities
Sec. 12. The county home board shall regularly inspect allfacilities of the county home. In the inspections, the board shallexamine the following:
(1) The sufficiency and performance of the personnel.
(2) The health, medical care, and nursing care of patients andresidents.
(3) Drug handling.
(4) Mechanical restraint and seclusion.
(5) Food service and food sanitation.
(6) Water supply.
(7) Sanitation and sewage disposal.
(8) Physical plant and equipment.
(9) Safety standards.
(10) Community life and occupational therapy for patients andresidents.
(11) Handling of mail and assistance warrants of patients andresidents.
(12) Admission of patients and residents on a voluntary basis.
(13) Records and reports.
(14) Working and living arrangements for staff personnel.
(15) Other items the inspection of which is provided by law ordetermined to be necessary or advisable by the county homeboard.
As added by P.L.2-1992, SEC.24.
IC 12-30-3-13
County home superintendent; assistants; appointment;qualifications; compensation; dismissal
Sec. 13. (a) The county home superintendent shall, with theapproval of the county home board, appoint as many assistants as thesuperintendent and the county home board determine to be necessaryto do the following:
(1) Administer the activities and services of the county home.
(2) Provide proper and adequate care for patients and residents.
(3) Perform all other duties required of the county.
(b) Assistants must be appointed under this section solely on thebasis of qualification and training for the duties assigned and withoutregard to political affiliation.
(c) The county home superintendent shall, with the approval ofthe county home board, fix the compensation of the assistantsappointed under this section within the lawfully establishedappropriations.
(d) Assistants appointed under this section may be dismissed onlyfor cause by the county home superintendent with the approval of thecounty home board. An assistant dismissed under this subsection has
the right to a hearing before the county home board if requestedwithin ten (10) days after the effective date of dismissal.
As added by P.L.2-1992, SEC.24.
IC 12-30-3-14
Admission of patients and residents; recipients of old ageassistance and blind assistance
Sec. 14. (a) Admission of all patients and residents to the countyhome must be on a voluntary basis and without regard to race,religion, color, sex, national origin, or ancestry.
(b) Recipients of old age assistance and blind assistance shall beadmitted to the county home on the same basis and for the samecharge as other patients and residents in the county home. There maybe no discrimination in the care and treatment of patients andresidents of the county home because of the source of the money forthe support and care of the patients and residents.
As added by P.L.2-1992, SEC.24.
IC 12-30-3-15
Hospitalization or medical care needed by patient or resident
Sec. 15. Whenever a patient or resident in the county homerequires hospitalization, medical nursing, or other care beyond thefacilities of the county home, arrangements shall be made promptlyfor furnishing that necessary care.
As added by P.L.2-1992, SEC.24.
IC 12-30-3-16
Participation in work of farm or home; community life; specialprivileges; selfemployment
Sec. 16. (a) Participation by residents or patients in the work ofthe farm or home, other than care of person and simple duties suchas care of bed and room, shall be on a voluntary basis.
(b) Effort shall be made to provide community life andopportunities for such activities, along the line of occupationaltherapy, under the direction of a physician, as are consistent with themental and physical well-being of the residents or patients.
(c) Special privileges, duties, or responsibilities may not beextended to one (1) resident or patient unless made available to everyresident or patient within the patient's own mental or physicallimitations.
(d) Opportunity shall be developed for self employment andpersonal earnings in connection with hobbies and abilities withinreasonable limits for the well-being of residents and patients.
As added by P.L.2-1992, SEC.24.
IC 12-30-3-17
Counties not having consolidated cities; charges for care andmaintenance of patients and residents
Sec. 17. (a) This section applies to a county that does not have aconsolidated city. (b) The amount to be charged for the care and maintenance ofeach patient or resident in the county home shall be fixed as providedby law and may not exceed the maximum amount established by law.
As added by P.L.2-1992, SEC.24.
IC 12-30-3-18
Counties having consolidated cities; schedule of charges for careand maintenance of patients and residents
Sec. 18. (a) This section applies to a county having a consolidatedcity.
(b) The county home board shall fix a schedule of charges for thecare and maintenance of patients or residents and the effective dateof the schedule. A schedule of charges established under this sectionis not effective until after the charges have been approved byresolution of the city-county council. In establishing the schedule ofcharges, the county home board may fix different rates based ondifferent types or classes of care. If the home is licensed under stateor federal laws that authorize or fix different classes of care, thoseclassifications authorized or fixed by law are a sufficient basis forclassification in the schedule of charges. The schedule of chargesmay also provide that separate and additional charges may becharged for special treatments, drugs, medical service, appliances,and other auxiliary services that are not included in the classificationof care.
(c) This section is the exclusive basis of determining the chargesto be made to patients and residents of a county home and theprovisions of any other laws regarding those rates, including lawsconcerning county institutions, relief of poor persons, townshiptrustees, county offices of the division of family resources, andboards of commissioners, do not apply. However, a rate establishedunder this section must be based on a fair and reasonable estimate ofthe cost of the care and may not anticipate any profit from renderingthe care.
As added by P.L.2-1992, SEC.24. Amended by P.L.4-1993, SEC.226;P.L.5-1993, SEC.239; P.L.145-2006, SEC.129.
IC 12-30-3-19
Money for operation and maintenance of county homes
Sec. 19. Money for the operation and maintenance of the countyhome, the care and support of patients and residents in the countyhome, and improvements and activities authorized by this chapterand laws supplementary to this chapter shall be provided, levied,appropriated, made available, and expended as provided by law.
As added by P.L.2-1992, SEC.24.
IC 12-30-3-20
Employment of residents or patients
Sec. 20. Able-bodied residents or ambulatory patients within theirphysical and mental capacity may be employed on a voluntary basisby the county home superintendent with the approval of the county
home board, on the terms for board, maintenance, and compensationthat are mutually acceptable. Upon being employed under thissection, a resident or patient shall be given the privileges, duties, andstatus of a county home employee.
As added by P.L.2-1992, SEC.24.
IC 12-30-3-21
County home board; power to sue and be sued
Sec. 21. The county home board, in its legal capacity and underits own name, may prosecute and defend suits. A suit brought againstthe county home board may be begun in the circuit or superior courtor any other court with jurisdiction in the county. A notice orsummons concerning a suit against the county home board must beserved upon the county home superintendent. In a suit brought by oragainst the county home board, it is not necessary to name theindividual members of the county home board as either plaintiff ordefendant. The county home board may sue or be sued under thename of " _____________ County Home Board".
As added by P.L.2-1992, SEC.24.
IC 12-30-3-22
County home board; rights and powers
Sec. 22. The board has all other rights and powers and shallperform all other duties that are:
(1) necessary to administer this chapter; and
(2) not inconsistent with this chapter.
As added by P.L.2-1992, SEC.24.
IC 12-30-3-23
Gifts, devises, and bequests; investment; special fund; expenditures
Sec. 23. (a) The county home board may receive and administerany gift, devise, or bequest of personal property, including theincome from real property, to or for the benefit of the county homeor for the benefit of residents or patients who are admitted to the careor supervision of the county home board. The county home boardmay invest or reinvest any of the money received under this sectionin the same kinds of securities in which life insurance companies areauthorized by law to invest money.
(b) All money received by the county home board under thissection and all money, proceeds, or income realized from realproperty or other investments:
(1) shall be kept in a special fund;
(2) may not be commingled with any other fund received fromtaxation; and
(3) may be expended by the county home board in any mannerconsistent with the purposes of the fund's creation and theintention of the donor, subject to the approval of the court of thecounty having probate jurisdiction.
As added by P.L.2-1992, SEC.24.
IC 12-30-3-24
Bond and liability insurance premiums
Sec. 24. The premiums on all bonds and liability insurance that anofficer or a person is required by this chapter to execute by law or byaction of the county home board shall be paid in the same manner asother expenses of the county home are paid out of the appropriationfor fixed charges, unless otherwise expressly provided by law.
As added by P.L.2-1992, SEC.24.
IC 12-30-3-25
Immunity from personal liability
Sec. 25. The:
(1) members of the county home board;
(2) the county home superintendent; and
(3) officers and employees of the county home;
are not personally liable, except to the state or the county, for anofficial act done or omitted in connection with the performance ofduties established under this chapter.
As added by P.L.2-1992, SEC.24.
IC 12-30-3-26
Administration of oaths and affirmations
Sec. 26. An officer or employee of the county home may, uponwritten authorization by the county home board, administer the oathsand affirmations required to carry out the purposes of this chapter.
As added by P.L.2-1992, SEC.24.
IC 12-30-3-27
Nepotism
Sec. 27. Nepotism may not be permitted in appointments andemployment in the county home, so far as prohibited by law.
As added by P.L.2-1992, SEC.24.
IC 12-30-3-28
Purpose of chapter
Sec. 28. The purpose of this chapter is to provide necessary andprompt assistance and care without stigma to the citizens andresidents of Indiana who are entitled to avail themselves of thischapter's provisions, especially those having little or no resourcesand low income persons or the homeless or unattached or thoserequiring care and support or nursing beyond the capacity of thefamily home in situations not requiring hospitalization or othermedical treatment or care in other state and county institutions. Thischapter shall be liberally construed so that its purposes may beaccomplished as equitably, economically, and expeditiously aspossible.
As added by P.L.2-1992, SEC.24.