CHAPTER 4. INDIANA SOLDIERS' AND SAILORS' CHILDREN'S HOME
IC 16-33-4
Chapter 4. Indiana Soldiers' and Sailors' Children's Home
IC 16-33-4-1
Armed forces of the United States defined
Sec. 1. As used in this chapter, "armed forces of the UnitedStates" means the forces and components of the Army, Navy, AirForce, Marine Corps, and Coast Guard.
As added by P.L.2-1993, SEC.16.
IC 16-33-4-2
County of residence of the child defined
Sec. 2. As used in this chapter, the "county of residence of thechild":
(1) is the county of residence of the responsible parent; or
(2) if there is no responsible parent, is the county within whichthe guardianship or wardship is established by appointment ofthe court.
As added by P.L.2-1993, SEC.16.
IC 16-33-4-3
Home defined
Sec. 3. As used in this chapter, "home" refers to the IndianaSoldiers' and Sailors' Children's Home established by this chapter.
As added by P.L.2-1993, SEC.16.
IC 16-33-4-4
Member of the armed forces defined
Sec. 4. As used in this chapter, "member of the armed forces"means a person who:
(1) is on active duty in the armed forces of the United States;
(2) has:
(A) served on active duty in the armed forces of the UnitedStates during any of its wars, including the Korean War, fornot less than ninety (90) days; or
(B) while on active duty in the armed forces of the UnitedStates:
(i) suffered a service connected disability necessitatingdischarge; or
(ii) died in the line of duty;
before the completion of ninety (90) days of service if theperson has received a discharge or certificate of service otherthan dishonorable from the armed forces of the UnitedStates, or the survivors of the person have received a letterof mourning or certificate of death in case of death in thearmed forces of the United States; or
(3) has:
(A) served on active duty in any of the authorized campaignsor declared emergencies of the United States as evidencedby an award of authorized decorations for service outside the
continental limits; and
(B) received a discharge other than dishonorable, or thesurvivors of the person have received a letter of mourning orcertificate of death in the case of death in the armed forces.
As added by P.L.2-1993, SEC.16.
IC 16-33-4-5
Establishment
Sec. 5. The Indiana Soldiers' and Sailors' Children's Home isestablished as a state residential school and home for the care ofIndiana children who are in need of residential care and wouldqualify for educational service. Preference shall be given to theadmission of children of members of the armed forces and childrenof families of veterans who meet these admission criteria. A childwho requires residential placement in a secure facility (as defined inIC 31-9-2-114), a juvenile detention facility, or a detention center forthe safety of the child or others may not be placed at the home.
As added by P.L.2-1993, SEC.16. Amended by P.L.142-1995,SEC.16; P.L.55-1997, SEC.7.
IC 16-33-4-6
Administration
Sec. 6. The state department shall administer the home. The statehealth commissioner has administrative control and responsibility forthe home.
As added by P.L.2-1993, SEC.16.
IC 16-33-4-7
Superintendent; appointment; qualifications
Sec. 7. (a) Except as provided in subsection (b), thesuperintendent of the home shall be appointed in the mannerprescribed by law and must meet all of the following conditions:
(1) Be a teacher licensed by the state or have at least abaccalaureate degree from an accredited college or universityin a field related to education or child growth and development.
(2) Have experience working with children.
(3) At the time of appointment, be a resident and citizen ofIndiana.
(4) Have other qualifications as required by the state healthcommissioner.
(b) When at least two (2) candidates meet the conditions listed insubsection (a), the state health commissioner shall give preference toindividuals who have been honorably discharged after service in thearmed forces of the United States in appointing a candidate to theposition of superintendent of the home.
As added by P.L.2-1993, SEC.16. Amended by P.L.105-2002, SEC.1.
IC 16-33-4-8
Superintendent; powers and duties
Sec. 8. The superintendent of the home, subject to the approval of
the state health commissioner:
(1) has charge and management of the home;
(2) shall direct the care, education, and maintenance of thechildren of the home; and
(3) is the chief appointing authority for all employees necessaryto properly conduct and operate the home.
As added by P.L.2-1993, SEC.16.
IC 16-33-4-9
Education or training of children of home; requirements
Sec. 9. (a) The children of the home shall be:
(1) taught and treated in a manner that promotes the children'sphysical, intellectual, and moral improvement; and
(2) trained in habits of industry, studiousness, and morality.
(b) The superintendent of the home:
(1) shall afford to the children of the home literary, art,technical, and industrial education as can reasonably beprovided;
(2) may conduct a school at the home, which must beaccredited, or may otherwise arrange for the education of thechildren in county reorganized schools near the institution; and
(3) shall make certain that a child attending a county schoolreceives instruction that is not inferior in any respect to thecurriculum offered in a school possessing a first classcommission from the state.
(c) If a school is maintained at the home, the superintendent shalldo the following:
(1) Cause to be provided the proper educational materials foruse in the school.
(2) Employ the necessary teachers.
(d) A person who teaches in a department of the school must bequalified and properly certified by the Indiana state board ofeducation.
As added by P.L.2-1993, SEC.16.
IC 16-33-4-10
Vocational school; establishment and maintenance on grounds ofhome; financing
Sec. 10. (a) The superintendent shall establish and maintain avocational school on the grounds of the home and maintain suitablefacilities in which vocational trades and arts are taught.
(b) The superintendent may utilize donated money or state moneywithout limitation to finance vocational construction projects thatare:
(1) authorized by the budget agency; and
(2) in accordance with designs approved by the public worksdivision of the Indiana department of administration.
As added by P.L.2-1993, SEC.16. Amended by P.L.142-1995,SEC.17.
IC 16-33-4-11
Admission of children as residents of home; requirements
Sec. 11. (a) After an adequate investigation as determined by thesuperintendent of the home or the superintendent's designee,including consideration of appropriateness of placement, and withthe approval of the state health commissioner or the commissioner'sdesignee, the superintendent of the home shall receive as a residentin the home a child if the child meets the requirements undersubsection (b).
(b) Before the child may be received as a resident in the homeunder subsection (a) the child must meet the following requirements:
(1) The parent or parents of the child are Indiana residentsimmediately before application or the child is physically presentin Indiana immediately before application.
(2) The child is at least three (3) years of age but less thaneighteen (18) years of age.
(3) The child is in need of residential care and education.
(c) If the applications of all children of members of the armedforces have been considered and space is available, thesuperintendent of the home may, if a child meets the requirementsunder subsection (b), receive as residents in the home the:
(1) grandchildren;
(2) stepchildren;
(3) brothers;
(4) sisters;
(5) nephews; and
(6) nieces;
of members of the armed forces who are in need of residential careand education.
(d) If the applications of all children eligible for residence undersubsections (a) through (c) have been considered and if space isavailable, the superintendent may accept for residence childrenreferred:
(1) by the department of child services established byIC 31-25-1-1; or
(2) by the division of special education established byIC 20-35-2-1;
subject to an adequate investigation as determined by thesuperintendent of the home or the superintendent's designee,including a consideration of appropriateness of placement, and theapproval of the state health commissioner or the commissioner'sdesignee.
As added by P.L.2-1993, SEC.16. Amended by P.L.142-1995,SEC.18; P.L.55-1997, SEC.8; P.L.253-1997(ss), SEC.18;P.L.105-2002, SEC.2; P.L.1-2005, SEC.147; P.L.145-2006,SEC.136; P.L.1-2007, SEC.135.
IC 16-33-4-12
Application for admission to home; requisites
Sec. 12. (a) An application for admission to the home may be
made by a responsible parent, a guardian, a representative of thecourt, or the department of child services.
(b) If an application is submitted by a person other than aresponsible parent or guardian, the superintendent of the home shallcooperate with the department of child services to ensure that anappropriate case study is made upon application and continuedthroughout the period the child resides at the home.
As added by P.L.2-1993, SEC.16. Amended by P.L.4-1993, SEC.237;P.L.5-1993, SEC.250; P.L.142-1995, SEC.19; P.L.145-2006,SEC.137; P.L.146-2008, SEC.437.
IC 16-33-4-13
Care, control, and training of children; responsibilities
Sec. 13. (a) The superintendent is responsible for the care,control, and training of children admitted to and living in the homefrom the day a child is admitted to the home until the child is:
(1) eighteen (18) years of age; or
(2) discharged from the home.
(b) The superintendent shall make certain in the case of everychild in the home that:
(1) there is a responsible parent;
(2) there is a responsible relative; or
(3) if a responsible parent or relative is not available, the childis a ward of the department of child services from which thereis a representative;
who is regularly and frequently concerned with the welfare of thechild.
(c) If:
(1) the parent or parents have been deprived of the custody andcontrol of a child by order of the court; and
(2) custody has been given by the court to the department ofchild services;
the wardship shall be retained by the department of child services.
As added by P.L.2-1993, SEC.16. Amended by P.L.4-1993, SEC.238;P.L.5-1993, SEC.251; P.L.146-2008, SEC.438.
IC 16-33-4-14
Placement of child upon admission; removal or discharge of child
Sec. 14. (a) Either parent, a guardian, a relative, or the departmentof child services applying for the admission of a child to the homeshall, in securing admittance of the child, place the child in the homefor the length of time determined to be in the best interests of thechild.
(b) A child shall be returned at any time to the:
(1) parent or parents;
(2) relative; or
(3) department of child services that placed the child in thehome;
if removal of the child from the home is applied for upon writtenapplication. The superintendent may require not more than thirty (30)
days notice when a discharge is requested.
(c) If the superintendent finds that a child does not adjust toinstitutional living or is not educable, the superintendent:
(1) may:
(A) with the approval of the state health commissioner; and
(B) upon proper notification;
discharge the child to the applicant placing the child in thehome; and
(2) shall cooperate with the department of child services forfurther disposition of the case as necessary.
As added by P.L.2-1993, SEC.16. Amended by P.L.4-1993, SEC.239;P.L.5-1993, SEC.252; P.L.142-1995, SEC.20; P.L.146-2008,SEC.439.
IC 16-33-4-15
Removal or other placement of child; approval
Sec. 15. A child admitted to the home may not be permanentlyremoved from the home and placed elsewhere without the expressapproval of the:
(1) parent or parents who;
(2) guardian who;
(3) relative who; or
(4) department of child services that;
applied for admission of the child to the home.
As added by P.L.2-1993, SEC.16. Amended by P.L.4-1993, SEC.240;P.L.5-1993, SEC.253; P.L.142-1995, SEC.21; P.L.146-2008,SEC.440.
IC 16-33-4-16
Visitation
Sec. 16. Either parent, a guardian, a relative, a representative ofthe department of child services, or other person approved by thesuperintendent may visit a child being maintained in the home attimes or places the superintendent prescribes.
As added by P.L.2-1993, SEC.16. Amended by P.L.4-1993, SEC.241;P.L.5-1993, SEC.254; P.L.142-1995, SEC.22; P.L.146-2008,SEC.441.
IC 16-33-4-17
Maintenance charges; liability for payment; procedures
Sec. 17. (a) Each child, the estate of the child, the parent orparents of the child, or the guardian of the child, individually orcollectively, are liable for the payment of the costs of maintenanceof the child of up to one hundred percent (100%) of the per capitacost, except as otherwise provided. The cost shall be computedannually by dividing the total annual cost of operation for the fiscalyear, exclusive of the cost of education programs, construction, andequipment, by the total child days each year. The maintenance costshall be referred to as maintenance charges. The charge may not belevied against any of the following: (1) The department of child services.
(2) A county or any person or office, to be derived from countytax sources.
(3) A child orphaned by reason of the death of the naturalparents.
(b) The billing and collection of the maintenance charges asprovided for in subsection (a) shall be made by the superintendent ofthe home based on the per capita cost for the preceding fiscal year.All money collected shall be deposited in a fund to be known as theIndiana soldiers' and sailors' children's home maintenance fund. Thefund shall be used by the state health commissioner for the:
(1) preventative maintenance; and
(2) repair and rehabilitation;
of buildings of the home that are used for housing, food service, oreducation of the children of the home.
(c) The superintendent of the home may, with the approval of thestate health commissioner, agree to accept payment at a lesser ratethan that prescribed in subsection (a). The superintendent of thehome shall, in determining whether or not to accept the lesseramount, take into consideration the amount of money that isnecessary to maintain or support any member of the family of thechild. All agreements to accept a lesser amount are subject tocancellation or modification at any time by the superintendent of thehome with the approval of the state health commissioner.
(d) A person who has been issued a statement of amounts due asmaintenance charges may petition the superintendent of the home fora release from or modification of the statement and thesuperintendent shall provide for hearings to be held on the petition.The superintendent of the home may, with the approval of the statehealth commissioner and after the hearing, cancel or modify theformer statement and at any time for due cause may increase theamounts due for maintenance charges to an amount not to exceed themaximum cost as determined under subsection (a).
(e) The superintendent of the home may arrange for theestablishment of a graduation or discharge trust account for a childby arranging to accept a lesser rate of maintenance charge. The trustfund must be of sufficient size to provide for immediate expensesupon graduation or discharge.
(f) The superintendent may make agreements withinstrumentalities of the federal government for application of anymonetary awards to be applied toward the maintenance charges in amanner that provides a sufficient amount of the periodic award to bedeposited in the child's trust account to meet the immediate personalneeds of the child and to provide a suitable graduation or dischargeallowance. The amount applied toward the settlement of maintenancecharges may not exceed the amount specified in subsection (a).
(g) The superintendent of the home may do the following:
(1) Investigate, either with the superintendent's own staff or ona contractual or other basis, the financial condition of eachperson liable under this chapter. (2) Make determinations of the ability of:
(A) the estate of the child;
(B) the legal guardian of the child; or
(C) each of the responsible parents of the child;
to pay maintenance charges.
(3) Set a standard as a basis of judgment of ability to pay thatshall be recomputed periodically to do the following:
(A) Reflect changes in the cost of living and other pertinentfactors.
(B) Provide for unusual and exceptional circumstances in theapplication of the standard.
(4) Issue to any person liable under this chapter statements ofamounts due as maintenance charges, requiring the person topay monthly, quarterly, or otherwise as may be arranged, anamount not exceeding the maximum cost as determined underthis chapter.
As added by P.L.2-1993, SEC.16. Amended by P.L.4-1993, SEC.242;P.L.5-1993, SEC.255; P.L.142-1995, SEC.23; P.L.145-2006,SEC.138; P.L.146-2008, SEC.442.
IC 16-33-4-17.5
Reimbursement for costs of services ordered by juvenile court;nonresident child
Sec. 17.5. (a) In the case of a child who is:
(1) adjudicated to be a delinquent child or child in need ofservices by a juvenile court; and
(2) placed by or with the consent of the department of childservices in the home;
the department of child services shall reimburse the cost of servicesprovided to the child, including related transportation costs, and anycost incurred by a county where the home is located to transport ordetain the child before the child is adjudicated to be a delinquentchild or child in need of services.
(b) The department of child services shall reimburse and pay costsunder this section.
(c) The department of child services may require the parent orguardian of the child, other than a parent, guardian, or custodianassociated with the home, to reimburse the department for an amountpaid under this section.
(d) A child who is admitted to the home does not become aresident of the county where the home is located.
(e) When an unemancipated child is released from the home, thedepartment of child services is responsible for transporting the childto the parent or guardian of the child. If a parent or guardian does notexist for an unemancipated child released from the home, thedepartment of child services shall obtain custody of the child.
As added by P.L.55-1997, SEC.9. Amended by P.L.146-2008,SEC.443.
IC 16-33-4-18 Maintenance charges and agreements; enforcement
Sec. 18. (a) The attorney general shall, upon notification by thesuperintendent of the home through the state health commissioner,bring suit in the name of the state of Indiana on behalf of thesuperintendent of the home against the estate of a person failing tomake payments as required in this chapter.
(b) If a judgment is obtained under this section, the judgmentconstitutes a lien against that part of the estate of a person asdescribed in the complaint.
(c) The attorney general may bring suit against the parent orparents or legal guardian of a child for failure to comply with themaintenance agreement established or for failure to make anagreement. Suit may be brought for the amount due the state for themaintenance charges of the child. The court may order the paymentof amounts due for maintenance charges for a period of time as thecircumstances require. The order may be entered against any or allof the defendants and may be based upon the proportionate ability ofeach defendant to contribute to the payment of amounts representingmaintenance charges. Orders for the payment of money may beenforced by attachment as in contempt proceedings against thepersons of the defendants, and in addition as other judgments at law,and costs may be adjudged against and apportioned among thedefendants.
As added by P.L.2-1993, SEC.16.
IC 16-33-4-19
Maintenance of home and grounds; cultivation of connected lands;assistance of children
Sec. 19. (a) The superintendent shall do the following:
(1) Cause the grounds of the home to be:
(A) kept in proper order; and
(B) ornamented with trees, shrubs, and flowers.
(2) Provide and maintain conservatories or greenhouses.
(b) The superintendent:
(1) may have any suitable land connected with the homecultivated for the use and benefit of the home; and
(2) shall have the children in the home assist in the work.
As added by P.L.2-1993, SEC.16.
IC 16-33-4-20
Housekeeping, manufacturing and repair of clothing, and othernecessary services; assistance of children
Sec. 20. The superintendent shall have the children in the homeassist in the following:
(1) Housekeeping services of the home.
(2) Manufacture and repair of the clothing of children.
(3) The provision of services necessary for the home.
As added by P.L.2-1993, SEC.16.
IC 16-33-4-21 Labor, service, and study prescribed for children; considerationgiven proper education and training of children
Sec. 21. In prescribing labor, service, and study for the childrenof the home, the superintendent shall consider the proper educationand training of the children.
As added by P.L.2-1993, SEC.16.
IC 16-33-4-22
Gifts, legacies, devises, and conveyances
Sec. 22. The superintendent may, subject to IC 4-24-3-2, receivefor the use of the home:
(1) gifts;
(2) legacies;
(3) devises; and
(4) conveyances of real and personal property;
that are made, given, or granted to or for the home or in the name ofthe home.
As added by P.L.2-1993, SEC.16.
IC 16-33-4-23
Employee wage payment arrangements
Sec. 23. (a) Notwithstanding IC 22-2-5-2, the home and:
(1) an employee if there is no representative described undersubdivision (2) or (3) for that employee;
(2) the exclusive representative of its certificated employeeswith respect to those employees; or
(3) a labor organization representing its noncertificatedemployees with respect to those employees;
may agree in writing to a wage payment arrangement.
(b) A wage payment arrangement under subsection (a) mayprovide that compensation earned during a school year may be paid:
(1) using equal installments or any other method; and
(2) over:
(A) all or part of that school year; or
(B) any other period that begins not earlier than the first dayof that school year and ends not later than thirteen (13)months after the wage payment arrangement period begins.
Such an arrangement may provide that compensation earned in acalendar year is paid in the next calendar year, so long as all thecompensation is paid within the thirteen (13) month period beginningwith the first day of the school year.
(c) A wage payment arrangement under subsection (a) must bestructured in such a manner so that it is not considered:
(1) a nonqualified deferred compensation plan for purposes ofSection 409A of the Internal Revenue Code; or
(2) deferred compensation for purposes of Section 457(f) of theInternal Revenue Code.
(d) Absent an agreement under subsection (a), the home remainssubject to IC 22-2-5-1.
(e) Wage payments required under a wage payment arrangement
entered into under subsection (a) are enforceable under IC 22-2-5-2.
(f) If an employee leaves employment for any reason, eitherpermanently or temporarily, the amount due the employee underIC 22-2-5-1 and IC 22-2-9-2 is the total amount of the wages earnedand unpaid.
(g) Employment with the home may not be conditioned upon theacceptance of a wage payment arrangement under subsection (a).
(h) An employee may revoke a wage payment arrangement undersubsection (a) at the beginning of each school year.
As added by P.L.41-2009, SEC.3.