IC 12-19 ARTICLE 19. COUNTY WELFARE
ADMINISTRATION AND FINANCING
IC 12-19-1
Chapter 1. County Offices of Family Resources
IC 12-19-1-1 Establishment of county offices
Sec. 1. The division shall establish county offices of family
resources in each county. As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.157;
P.L.5-1993, SEC.170; P.L.146-2008, SEC.392; P.L.44-2009,
SEC.13.
IC 12-19-1-2 County director; appointment
Sec. 2. (a) The director of the division shall appoint a county
director for each county office.
(b) A county director must be a citizen of the United States. As added by P.L.2-1992, SEC.13. Amended by P.L.234-2005,
SEC.42; P.L.138-2007, SEC.3; P.L.146-2008, SEC.393;
P.L.44-2009, SEC.14.
IC 12-19-1-3 County director; executive and administrative officer
Sec. 3. The county director is the executive and administrative
officer of the county office. As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.158;
P.L.5-1993, SEC.171; P.L.146-2008, SEC.394; P.L.44-2009,
SEC.15.
IC 12-19-1-4 County director; compensation
Sec. 4. (a) A county director is entitled to receive as compensation
for the county director's services an amount determined by the
division that is within:
(1) the lawfully established appropriations; and
(2) the salary ranges of the pay plan adopted by the state
personnel department and approved by the budget committee.
(b) Compensation paid to a county director shall be paid in the
same manner that compensation is paid to other state employees. As added by P.L.2-1992, SEC.13. Amended by P.L.146-2008,
SEC.395; P.L.44-2009, SEC.16.
IC 12-19-1-5 County director; travel expenses
Sec. 5. (a) In addition to the compensation paid under this article,
a county director may receive for each mile necessarily traveled in
the discharge of the county director's duties the same amount per
mile that other state employees receive.
(b) A county director is also entitled to a per diem for lodging and
meal expenses if the county director's official duties require the
county director to travel outside of the county where the county
director's permanent office is located. The per diem for a county
director's lodging and meals shall be paid at the rate set by law for
other state employees. As added by P.L.2-1992, SEC.13. Amended by P.L.146-2008,
SEC.396; P.L.44-2009, SEC.17.
IC 12-19-1-6 County director; bond; oath
Sec. 6. Before beginning the discharge of the county director's
official duties, a county director must do the following:
(1) Execute a bond payable to the state. The following apply to
a bond executed under this section:
(A) The bond must be conditioned on the faithful discharge
of the county director's official duties.
(B) The bond must be executed in an amount determined
under rules adopted by the division.
(2) Take and subscribe an oath for the faithful discharge of the
county director's official duties. The oath must be endorsed
upon the county director's official bond.
(3) File the bond and oath executed under this section in the
office of the clerk of the circuit court. As added by P.L.2-1992, SEC.13.
IC 12-19-1-7 County director; appointment of assistants; compensation
Sec. 7. (a) The county director shall appoint from eligible lists
established by the state personnel department the number of
assistants necessary to administer the welfare activities within the
county that are administered by the division under IC 12-13 through
IC 12-19 or by an administrative rule, with the approval of the
director of the division.
(b) The division, for personnel performing activities described in
subsection (a), shall determine the compensation of the assistants
within the salary ranges of the pay plan adopted by the state
personnel department and approved by the budget agency, with the
advice of the budget committee, and within lawfully established
appropriations. As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.159;
P.L.5-1993, SEC.172; P.L.234-2005, SEC.43; P.L.145-2006,
SEC.107; P.L.146-2008, SEC.397; P.L.44-2009, SEC.18.
IC 12-19-1-8 Administration; costs of personal services; payment by division or
department
Sec. 8. The costs of personal services in the administration of a
county office's duties described in section 7(a) of this chapter shall
be paid by the division. As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.160;
P.L.5-1993, SEC.173; P.L.234-2005, SEC.44; P.L.146-2008,
SEC.398; P.L.44-2009, SEC.19.
IC 12-19-1-9 Facilities, supplies, and equipment
Sec. 9. (a) The division shall provide the necessary facilities to
house the county office.
(b) The division shall pay for the costs of the facilities, supplies,
and equipment needed by each county office. As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.161;
P.L.5-1993, SEC.174; P.L.273-1999, SEC.90; P.L.146-2008,
SEC.399; P.L.44-2009, SEC.20.
IC 12-19-1-10 Administration
Sec. 10. Subject to the rules adopted by the director of the
division, a county office shall administer the following:
(1) Assistance to dependent children in the homes of the
dependent children.
(2) Assistance and services to elderly persons.
(3) Assistance to persons with disabilities.
(4) Care and treatment of the following persons, other than
persons for whom the department of child services is providing
services under IC 31 for the following:
(A) Dependent children.
(B) Children with disabilities.
(5) Any other welfare activities that are delegated to the county
office by the division, including services concerning assistance
to the blind. As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.162;
P.L.5-1993, SEC.175; P.L.23-1993, SEC.54; P.L.61-1993, SEC.60;
P.L.1-1994, SEC.67; P.L.74-1994, SEC.4; P.L.234-2005, SEC.45;
P.L.146-2008, SEC.400; P.L.44-2009, SEC.21.
IC 12-19-1-11
Repealed
(Repealed by P.L.146-2008, SEC.804.)
IC 12-19-1-12
Repealed
(Repealed by P.L.146-2008, SEC.804.)
IC 12-19-1-13 Power to sue and be sued; rights, powers, and duties necessary to
administer act; filing of suits; notices and summonses
Sec. 13. (a) A county office may sue and be sued under the name
of "The Office of Family Resources of _____________ County".
(b) The county office has all other rights and powers and shall
perform all other duties necessary to administer this chapter.
(c) A suit brought against a county office may be filed in any
circuit or superior court with jurisdiction in the area served by the
county office.
(d) A notice or summons in a suit brought against the county
office must be served on the county director. It is not required to
name the individual employees of the county office as either plaintiff
or defendant. As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.165;
P.L.5-1993, SEC.178; P.L.146-2008, SEC.401; P.L.44-2009,
SEC.22.
IC 12-19-1-14
Repealed
(Repealed by P.L.145-2006, SEC.376.)
IC 12-19-1-15 Gifts, devises, and bequests of personal property; investment;
special fund; expenditures
Sec. 15. (a) The division may receive and administer a gift,
devise, or bequest of personal property, including the income from
real property, that is to or for the benefit of an individual receiving
payments or services through a county office.
(b) The division shall establish a special fund or an account in a
trust fund for the money received under this section. The expenses
of administering the fund or account shall be paid from money in the
fund or account. The money may not be commingled with money
received from taxation.
(c) The treasurer of state shall invest the money in the fund or
account not currently needed to meet the obligations of the fund or
account in the same manner as other public money may be invested.
Interest that accrues from these investments shall be deposited in the
fund or account.
(d) Money in the fund or account at the end of a state fiscal year
does not revert to the state general fund.
(e) Subject to the approval of the judge or the court of the county
having probate jurisdiction, money in the fund or account may be
expended by the division in any manner consistent with the purposes
of the fund or account created under this section and with the
intention of the donor. As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.167;
P.L.5-1993, SEC.180; P.L.146-2008, SEC.402; P.L.44-2009,
SEC.23.
IC 12-19-1-16 Receipt and administration of money available to or for the benefit
of persons receiving payments or services
Sec. 16. (a) This section does not apply to money appropriated by
the general assembly, including any federal grant.
(b) The family resources trust clearance fund is established to
administer money available to or for the benefit of an individual
receiving payments or services through a county office. The fund
shall be administered by the division. Separate accounts in the fund
shall be established, as appropriate, to carry out the purposes of the
donors of the money deposited in the fund.
(c) The expenses of administering the fund shall be paid from
money in the fund.
(d) Money in the fund may not be commingled with any other
fund or with money received from taxation. The money may be
expended by the county office in any manner consistent with the
following:
(1) The purpose of the fund or with the intention of the donor
of the money.
(2) Indiana law.
(e) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(f) Money in the fund at the end of a state fiscal year does not
revert to the state general fund. As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.168;
P.L.5-1993, SEC.181; P.L.273-1999, SEC.92; P.L.146-2008,
SEC.403; P.L.44-2009, SEC.24.
IC 12-19-1-17
Repealed
(Repealed by P.L.273-1999, SEC.124.)
IC 12-19-1-18 Designation of responsible person to act for and receive assistance
on behalf of applicant or recipient; fee for services
Sec. 18. (a) After petition to and with the approval of the judge of
a circuit court of the county where an applicant for or recipient of
public assistance resides (or, if a superior court has probate
jurisdiction in the county, the superior court that has probate
jurisdiction where the recipient of public assistance resides), a
county office may take the actions described in subsection (b) if:
(1) an applicant for public assistance is physically or mentally
incapable of completing an application for assistance; or
(2) a recipient of public assistance:
(A) is incapable of managing the recipient's affairs; or
(B) refuses to:
(i) take care of the recipient's money properly; or
(ii) comply with the director of the division's rules and
policies.
(b) If the conditions of subsection (a) are satisfied, the county
office may designate a responsible person to do the following:
(1) Act for the applicant or recipient.
(2) Receive on behalf of the recipient the assistance the
recipient is eligible to receive under any of the following:
(A) This chapter.
(B) IC 12-10-6.
(C) IC 12-14-1 through IC 12-14-9.5.
(D) IC 12-14-13 through IC 12-14-19.
(E) IC 12-15.
(F) IC 16-35-2.
(c) A fee for services provided under this section may be paid to
the responsible person in an amount not to exceed ten dollars ($10)
each month. The fee may be allowed:
(1) in the monthly assistance award; or
(2) by vendor payment if the fee would cause the amount of
assistance to be increased beyond the maximum amount
permitted by statute. As added by P.L.2-1992, SEC.13. Amended by P.L.2-1993, SEC.111;
P.L.4-1993, SEC.170; P.L.5-1993, SEC.183; P.L.273-1999, SEC.93;
P.L.145-2006, SEC.108; P.L.146-2008, SEC.404; P.L.44-2009,
SEC.25.
IC 12-19-1-19 Persons who may be designated under IC 12-19-1-18; costs of
appointment proceedings
Sec. 19. (a) A responsible person approved under section 18 of
this chapter preferably must be a relative or friend of good moral
character whose interest is limited to the well-being of the applicant
or recipient. However, the responsible person may not be any of the
following:
(1) An employee of the county office.
(2) The superintendent of a county home.
(3) A person directly or indirectly financially connected with a
health facility or an institution giving care to the recipient.
(4) A person directly or indirectly connected with the operation
of a health facility or an institution giving care to the recipient.
(b) Costs may not be charged by a person or public official in
proceedings concerning the appointment of a responsible person
under section 18 of this chapter. As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.171;
P.L.5-1993, SEC.184; P.L.146-2008, SEC.405; P.L.44-2009,
SEC.26.
IC 12-19-1-20 Responsible persons; financial reports; termination of powers; use
of assistance money received
Sec. 20. (a) A responsible person appointed under section 18 of
this chapter shall make financial reports concerning the services
provided by the responsible person at the time and in the manner
prescribed by the circuit court. A responsible person shall account to
the circuit court at least one (1) time every two (2) years. The circuit
court may make rules regulating the administration and accounting
of money paid to a responsible person.
(b) The powers of a responsible person, other than the filing of a
final account for the approval of the circuit court, terminate on the
appointment of a guardian for the recipient.
(c) Public assistance money received by a responsible person shall
be used solely for the benefit of the recipient or the recipient's
dependents. As added by P.L.2-1992, SEC.13.
IC 12-19-1-21 Property tax levies prohibited
Sec. 21. (a) Notwithstanding any other law, after December 31,
1999, a county may not impose any of the following:
(1) A property tax levy for a county welfare fund.
(2) A property tax levy for a county welfare administration
fund.
(b) Notwithstanding any other law, after December 31, 2008, a
county may not impose any of the following:
(1) A property tax levy for a county medical assistance to wards
fund.
(2) A property tax levy for a county family and children's
services fund.
(3) A property tax levy for a children's psychiatric residential
treatment services fund.
(4) A property tax levy for a children with special health care
needs county fund. As added by P.L.273-1999, SEC.62. Amended by P.L.146-2008,
SEC.406.
IC 12-19-1-22 Bonds and loans considered general obligations of counties
Sec. 22. Each official and body responsible for the levying of
taxes for the county must ensure that sufficient levies are made to
meet the principal and interest on all bonds issued and loans made
under this article before January 1, 2009, at the time fixed for the
payment of the principal and interest, without regard to any other
statute. If an official or a body fails or refuses to make or allow a
sufficient levy required by this section, the bonds and loans and the
interest on the bonds and loans shall be payable out of the county
general fund without appropriation. As added by P.L.273-1999, SEC.63. Amended by P.L.146-2008,
SEC.407.
IC 12-19 ARTICLE 19. COUNTY WELFARE
ADMINISTRATION AND FINANCING
IC 12-19-1
Chapter 1. County Offices of Family Resources
IC 12-19-1-1 Establishment of county offices
Sec. 1. The division shall establish county offices of family
resources in each county. As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.157;
P.L.5-1993, SEC.170; P.L.146-2008, SEC.392; P.L.44-2009,
SEC.13.
IC 12-19-1-2 County director; appointment
Sec. 2. (a) The director of the division shall appoint a county
director for each county office.
(b) A county director must be a citizen of the United States. As added by P.L.2-1992, SEC.13. Amended by P.L.234-2005,
SEC.42; P.L.138-2007, SEC.3; P.L.146-2008, SEC.393;
P.L.44-2009, SEC.14.
IC 12-19-1-3 County director; executive and administrative officer
Sec. 3. The county director is the executive and administrative
officer of the county office. As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.158;
P.L.5-1993, SEC.171; P.L.146-2008, SEC.394; P.L.44-2009,
SEC.15.
IC 12-19-1-4 County director; compensation
Sec. 4. (a) A county director is entitled to receive as compensation
for the county director's services an amount determined by the
division that is within:
(1) the lawfully established appropriations; and
(2) the salary ranges of the pay plan adopted by the state
personnel department and approved by the budget committee.
(b) Compensation paid to a county director shall be paid in the
same manner that compensation is paid to other state employees. As added by P.L.2-1992, SEC.13. Amended by P.L.146-2008,
SEC.395; P.L.44-2009, SEC.16.
IC 12-19-1-5 County director; travel expenses
Sec. 5. (a) In addition to the compensation paid under this article,
a county director may receive for each mile necessarily traveled in
the discharge of the county director's duties the same amount per
mile that other state employees receive.
(b) A county director is also entitled to a per diem for lodging and
meal expenses if the county director's official duties require the
county director to travel outside of the county where the county
director's permanent office is located. The per diem for a county
director's lodging and meals shall be paid at the rate set by law for
other state employees. As added by P.L.2-1992, SEC.13. Amended by P.L.146-2008,
SEC.396; P.L.44-2009, SEC.17.
IC 12-19-1-6 County director; bond; oath
Sec. 6. Before beginning the discharge of the county director's
official duties, a county director must do the following:
(1) Execute a bond payable to the state. The following apply to
a bond executed under this section:
(A) The bond must be conditioned on the faithful discharge
of the county director's official duties.
(B) The bond must be executed in an amount determined
under rules adopted by the division.
(2) Take and subscribe an oath for the faithful discharge of the
county director's official duties. The oath must be endorsed
upon the county director's official bond.
(3) File the bond and oath executed under this section in the
office of the clerk of the circuit court. As added by P.L.2-1992, SEC.13.
IC 12-19-1-7 County director; appointment of assistants; compensation
Sec. 7. (a) The county director shall appoint from eligible lists
established by the state personnel department the number of
assistants necessary to administer the welfare activities within the
county that are administered by the division under IC 12-13 through
IC 12-19 or by an administrative rule, with the approval of the
director of the division.
(b) The division, for personnel performing activities described in
subsection (a), shall determine the compensation of the assistants
within the salary ranges of the pay plan adopted by the state
personnel department and approved by the budget agency, with the
advice of the budget committee, and within lawfully established
appropriations. As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.159;
P.L.5-1993, SEC.172; P.L.234-2005, SEC.43; P.L.145-2006,
SEC.107; P.L.146-2008, SEC.397; P.L.44-2009, SEC.18.
IC 12-19-1-8 Administration; costs of personal services; payment by division or
department
Sec. 8. The costs of personal services in the administration of a
county office's duties described in section 7(a) of this chapter shall
be paid by the division. As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.160;
P.L.5-1993, SEC.173; P.L.234-2005, SEC.44; P.L.146-2008,
SEC.398; P.L.44-2009, SEC.19.
IC 12-19-1-9 Facilities, supplies, and equipment
Sec. 9. (a) The division shall provide the necessary facilities to
house the county office.
(b) The division shall pay for the costs of the facilities, supplies,
and equipment needed by each county office. As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.161;
P.L.5-1993, SEC.174; P.L.273-1999, SEC.90; P.L.146-2008,
SEC.399; P.L.44-2009, SEC.20.
IC 12-19-1-10 Administration
Sec. 10. Subject to the rules adopted by the director of the
division, a county office shall administer the following:
(1) Assistance to dependent children in the homes of the
dependent children.
(2) Assistance and services to elderly persons.
(3) Assistance to persons with disabilities.
(4) Care and treatment of the following persons, other than
persons for whom the department of child services is providing
services under IC 31 for the following:
(A) Dependent children.
(B) Children with disabilities.
(5) Any other welfare activities that are delegated to the county
office by the division, including services concerning assistance
to the blind. As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.162;
P.L.5-1993, SEC.175; P.L.23-1993, SEC.54; P.L.61-1993, SEC.60;
P.L.1-1994, SEC.67; P.L.74-1994, SEC.4; P.L.234-2005, SEC.45;
P.L.146-2008, SEC.400; P.L.44-2009, SEC.21.
IC 12-19-1-11
Repealed
(Repealed by P.L.146-2008, SEC.804.)
IC 12-19-1-12
Repealed
(Repealed by P.L.146-2008, SEC.804.)
IC 12-19-1-13 Power to sue and be sued; rights, powers, and duties necessary to
administer act; filing of suits; notices and summonses
Sec. 13. (a) A county office may sue and be sued under the name
of "The Office of Family Resources of _____________ County".
(b) The county office has all other rights and powers and shall
perform all other duties necessary to administer this chapter.
(c) A suit brought against a county office may be filed in any
circuit or superior court with jurisdiction in the area served by the
county office.
(d) A notice or summons in a suit brought against the county
office must be served on the county director. It is not required to
name the individual employees of the county office as either plaintiff
or defendant. As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.165;
P.L.5-1993, SEC.178; P.L.146-2008, SEC.401; P.L.44-2009,
SEC.22.
IC 12-19-1-14
Repealed
(Repealed by P.L.145-2006, SEC.376.)
IC 12-19-1-15 Gifts, devises, and bequests of personal property; investment;
special fund; expenditures
Sec. 15. (a) The division may receive and administer a gift,
devise, or bequest of personal property, including the income from
real property, that is to or for the benefit of an individual receiving
payments or services through a county office.
(b) The division shall establish a special fund or an account in a
trust fund for the money received under this section. The expenses
of administering the fund or account shall be paid from money in the
fund or account. The money may not be commingled with money
received from taxation.
(c) The treasurer of state shall invest the money in the fund or
account not currently needed to meet the obligations of the fund or
account in the same manner as other public money may be invested.
Interest that accrues from these investments shall be deposited in the
fund or account.
(d) Money in the fund or account at the end of a state fiscal year
does not revert to the state general fund.
(e) Subject to the approval of the judge or the court of the county
having probate jurisdiction, money in the fund or account may be
expended by the division in any manner consistent with the purposes
of the fund or account created under this section and with the
intention of the donor. As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.167;
P.L.5-1993, SEC.180; P.L.146-2008, SEC.402; P.L.44-2009,
SEC.23.
IC 12-19-1-16 Receipt and administration of money available to or for the benefit
of persons receiving payments or services
Sec. 16. (a) This section does not apply to money appropriated by
the general assembly, including any federal grant.
(b) The family resources trust clearance fund is established to
administer money available to or for the benefit of an individual
receiving payments or services through a county office. The fund
shall be administered by the division. Separate accounts in the fund
shall be established, as appropriate, to carry out the purposes of the
donors of the money deposited in the fund.
(c) The expenses of administering the fund shall be paid from
money in the fund.
(d) Money in the fund may not be commingled with any other
fund or with money received from taxation. The money may be
expended by the county office in any manner consistent with the
following:
(1) The purpose of the fund or with the intention of the donor
of the money.
(2) Indiana law.
(e) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(f) Money in the fund at the end of a state fiscal year does not
revert to the state general fund. As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.168;
P.L.5-1993, SEC.181; P.L.273-1999, SEC.92; P.L.146-2008,
SEC.403; P.L.44-2009, SEC.24.
IC 12-19-1-17
Repealed
(Repealed by P.L.273-1999, SEC.124.)
IC 12-19-1-18 Designation of responsible person to act for and receive assistance
on behalf of applicant or recipient; fee for services
Sec. 18. (a) After petition to and with the approval of the judge of
a circuit court of the county where an applicant for or recipient of
public assistance resides (or, if a superior court has probate
jurisdiction in the county, the superior court that has probate
jurisdiction where the recipient of public assistance resides), a
county office may take the actions described in subsection (b) if:
(1) an applicant for public assistance is physically or mentally
incapable of completing an application for assistance; or
(2) a recipient of public assistance:
(A) is incapable of managing the recipient's affairs; or
(B) refuses to:
(i) take care of the recipient's money properly; or
(ii) comply with the director of the division's rules and
policies.
(b) If the conditions of subsection (a) are satisfied, the county
office may designate a responsible person to do the following:
(1) Act for the applicant or recipient.
(2) Receive on behalf of the recipient the assistance the
recipient is eligible to receive under any of the following:
(A) This chapter.
(B) IC 12-10-6.
(C) IC 12-14-1 through IC 12-14-9.5.
(D) IC 12-14-13 through IC 12-14-19.
(E) IC 12-15.
(F) IC 16-35-2.
(c) A fee for services provided under this section may be paid to
the responsible person in an amount not to exceed ten dollars ($10)
each month. The fee may be allowed:
(1) in the monthly assistance award; or
(2) by vendor payment if the fee would cause the amount of
assistance to be increased beyond the maximum amount
permitted by statute. As added by P.L.2-1992, SEC.13. Amended by P.L.2-1993, SEC.111;
P.L.4-1993, SEC.170; P.L.5-1993, SEC.183; P.L.273-1999, SEC.93;
P.L.145-2006, SEC.108; P.L.146-2008, SEC.404; P.L.44-2009,
SEC.25.
IC 12-19-1-19 Persons who may be designated under IC 12-19-1-18; costs of
appointment proceedings
Sec. 19. (a) A responsible person approved under section 18 of
this chapter preferably must be a relative or friend of good moral
character whose interest is limited to the well-being of the applicant
or recipient. However, the responsible person may not be any of the
following:
(1) An employee of the county office.
(2) The superintendent of a county home.
(3) A person directly or indirectly financially connected with a
health facility or an institution giving care to the recipient.
(4) A person directly or indirectly connected with the operation
of a health facility or an institution giving care to the recipient.
(b) Costs may not be charged by a person or public official in
proceedings concerning the appointment of a responsible person
under section 18 of this chapter. As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.171;
P.L.5-1993, SEC.184; P.L.146-2008, SEC.405; P.L.44-2009,
SEC.26.
IC 12-19-1-20 Responsible persons; financial reports; termination of powers; use
of assistance money received
Sec. 20. (a) A responsible person appointed under section 18 of
this chapter shall make financial reports concerning the services
provided by the responsible person at the time and in the manner
prescribed by the circuit court. A responsible person shall account to
the circuit court at least one (1) time every two (2) years. The circuit
court may make rules regulating the administration and accounting
of money paid to a responsible person.
(b) The powers of a responsible person, other than the filing of a
final account for the approval of the circuit court, terminate on the
appointment of a guardian for the recipient.
(c) Public assistance money received by a responsible person shall
be used solely for the benefit of the recipient or the recipient's
dependents. As added by P.L.2-1992, SEC.13.
IC 12-19-1-21 Property tax levies prohibited
Sec. 21. (a) Notwithstanding any other law, after December 31,
1999, a county may not impose any of the following:
(1) A property tax levy for a county welfare fund.
(2) A property tax levy for a county welfare administration
fund.
(b) Notwithstanding any other law, after December 31, 2008, a
county may not impose any of the following:
(1) A property tax levy for a county medical assistance to wards
fund.
(2) A property tax levy for a county family and children's
services fund.
(3) A property tax levy for a children's psychiatric residential
treatment services fund.
(4) A property tax levy for a children with special health care
needs county fund. As added by P.L.273-1999, SEC.62. Amended by P.L.146-2008,
SEC.406.
IC 12-19-1-22 Bonds and loans considered general obligations of counties
Sec. 22. Each official and body responsible for the levying of
taxes for the county must ensure that sufficient levies are made to
meet the principal and interest on all bonds issued and loans made
under this article before January 1, 2009, at the time fixed for the
payment of the principal and interest, without regard to any other
statute. If an official or a body fails or refuses to make or allow a
sufficient levy required by this section, the bonds and loans and the
interest on the bonds and loans shall be payable out of the county
general fund without appropriation. As added by P.L.273-1999, SEC.63. Amended by P.L.146-2008,
SEC.407.
IC 12-19 ARTICLE 19. COUNTY WELFARE
ADMINISTRATION AND FINANCING
IC 12-19-1
Chapter 1. County Offices of Family Resources
IC 12-19-1-1 Establishment of county offices
Sec. 1. The division shall establish county offices of family
resources in each county. As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.157;
P.L.5-1993, SEC.170; P.L.146-2008, SEC.392; P.L.44-2009,
SEC.13.
IC 12-19-1-2 County director; appointment
Sec. 2. (a) The director of the division shall appoint a county
director for each county office.
(b) A county director must be a citizen of the United States. As added by P.L.2-1992, SEC.13. Amended by P.L.234-2005,
SEC.42; P.L.138-2007, SEC.3; P.L.146-2008, SEC.393;
P.L.44-2009, SEC.14.
IC 12-19-1-3 County director; executive and administrative officer
Sec. 3. The county director is the executive and administrative
officer of the county office. As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.158;
P.L.5-1993, SEC.171; P.L.146-2008, SEC.394; P.L.44-2009,
SEC.15.
IC 12-19-1-4 County director; compensation
Sec. 4. (a) A county director is entitled to receive as compensation
for the county director's services an amount determined by the
division that is within:
(1) the lawfully established appropriations; and
(2) the salary ranges of the pay plan adopted by the state
personnel department and approved by the budget committee.
(b) Compensation paid to a county director shall be paid in the
same manner that compensation is paid to other state employees. As added by P.L.2-1992, SEC.13. Amended by P.L.146-2008,
SEC.395; P.L.44-2009, SEC.16.
IC 12-19-1-5 County director; travel expenses
Sec. 5. (a) In addition to the compensation paid under this article,
a county director may receive for each mile necessarily traveled in
the discharge of the county director's duties the same amount per
mile that other state employees receive.
(b) A county director is also entitled to a per diem for lodging and
meal expenses if the county director's official duties require the
county director to travel outside of the county where the county
director's permanent office is located. The per diem for a county
director's lodging and meals shall be paid at the rate set by law for
other state employees. As added by P.L.2-1992, SEC.13. Amended by P.L.146-2008,
SEC.396; P.L.44-2009, SEC.17.
IC 12-19-1-6 County director; bond; oath
Sec. 6. Before beginning the discharge of the county director's
official duties, a county director must do the following:
(1) Execute a bond payable to the state. The following apply to
a bond executed under this section:
(A) The bond must be conditioned on the faithful discharge
of the county director's official duties.
(B) The bond must be executed in an amount determined
under rules adopted by the division.
(2) Take and subscribe an oath for the faithful discharge of the
county director's official duties. The oath must be endorsed
upon the county director's official bond.
(3) File the bond and oath executed under this section in the
office of the clerk of the circuit court. As added by P.L.2-1992, SEC.13.
IC 12-19-1-7 County director; appointment of assistants; compensation
Sec. 7. (a) The county director shall appoint from eligible lists
established by the state personnel department the number of
assistants necessary to administer the welfare activities within the
county that are administered by the division under IC 12-13 through
IC 12-19 or by an administrative rule, with the approval of the
director of the division.
(b) The division, for personnel performing activities described in
subsection (a), shall determine the compensation of the assistants
within the salary ranges of the pay plan adopted by the state
personnel department and approved by the budget agency, with the
advice of the budget committee, and within lawfully established
appropriations. As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.159;
P.L.5-1993, SEC.172; P.L.234-2005, SEC.43; P.L.145-2006,
SEC.107; P.L.146-2008, SEC.397; P.L.44-2009, SEC.18.
IC 12-19-1-8 Administration; costs of personal services; payment by division or
department
Sec. 8. The costs of personal services in the administration of a
county office's duties described in section 7(a) of this chapter shall
be paid by the division. As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.160;
P.L.5-1993, SEC.173; P.L.234-2005, SEC.44; P.L.146-2008,
SEC.398; P.L.44-2009, SEC.19.
IC 12-19-1-9 Facilities, supplies, and equipment
Sec. 9. (a) The division shall provide the necessary facilities to
house the county office.
(b) The division shall pay for the costs of the facilities, supplies,
and equipment needed by each county office. As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.161;
P.L.5-1993, SEC.174; P.L.273-1999, SEC.90; P.L.146-2008,
SEC.399; P.L.44-2009, SEC.20.
IC 12-19-1-10 Administration
Sec. 10. Subject to the rules adopted by the director of the
division, a county office shall administer the following:
(1) Assistance to dependent children in the homes of the
dependent children.
(2) Assistance and services to elderly persons.
(3) Assistance to persons with disabilities.
(4) Care and treatment of the following persons, other than
persons for whom the department of child services is providing
services under IC 31 for the following:
(A) Dependent children.
(B) Children with disabilities.
(5) Any other welfare activities that are delegated to the county
office by the division, including services concerning assistance
to the blind. As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.162;
P.L.5-1993, SEC.175; P.L.23-1993, SEC.54; P.L.61-1993, SEC.60;
P.L.1-1994, SEC.67; P.L.74-1994, SEC.4; P.L.234-2005, SEC.45;
P.L.146-2008, SEC.400; P.L.44-2009, SEC.21.
IC 12-19-1-11
Repealed
(Repealed by P.L.146-2008, SEC.804.)
IC 12-19-1-12
Repealed
(Repealed by P.L.146-2008, SEC.804.)
IC 12-19-1-13 Power to sue and be sued; rights, powers, and duties necessary to
administer act; filing of suits; notices and summonses
Sec. 13. (a) A county office may sue and be sued under the name
of "The Office of Family Resources of _____________ County".
(b) The county office has all other rights and powers and shall
perform all other duties necessary to administer this chapter.
(c) A suit brought against a county office may be filed in any
circuit or superior court with jurisdiction in the area served by the
county office.
(d) A notice or summons in a suit brought against the county
office must be served on the county director. It is not required to
name the individual employees of the county office as either plaintiff
or defendant. As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.165;
P.L.5-1993, SEC.178; P.L.146-2008, SEC.401; P.L.44-2009,
SEC.22.
IC 12-19-1-14
Repealed
(Repealed by P.L.145-2006, SEC.376.)
IC 12-19-1-15 Gifts, devises, and bequests of personal property; investment;
special fund; expenditures
Sec. 15. (a) The division may receive and administer a gift,
devise, or bequest of personal property, including the income from
real property, that is to or for the benefit of an individual receiving
payments or services through a county office.
(b) The division shall establish a special fund or an account in a
trust fund for the money received under this section. The expenses
of administering the fund or account shall be paid from money in the
fund or account. The money may not be commingled with money
received from taxation.
(c) The treasurer of state shall invest the money in the fund or
account not currently needed to meet the obligations of the fund or
account in the same manner as other public money may be invested.
Interest that accrues from these investments shall be deposited in the
fund or account.
(d) Money in the fund or account at the end of a state fiscal year
does not revert to the state general fund.
(e) Subject to the approval of the judge or the court of the county
having probate jurisdiction, money in the fund or account may be
expended by the division in any manner consistent with the purposes
of the fund or account created under this section and with the
intention of the donor. As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.167;
P.L.5-1993, SEC.180; P.L.146-2008, SEC.402; P.L.44-2009,
SEC.23.
IC 12-19-1-16 Receipt and administration of money available to or for the benefit
of persons receiving payments or services
Sec. 16. (a) This section does not apply to money appropriated by
the general assembly, including any federal grant.
(b) The family resources trust clearance fund is established to
administer money available to or for the benefit of an individual
receiving payments or services through a county office. The fund
shall be administered by the division. Separate accounts in the fund
shall be established, as appropriate, to carry out the purposes of the
donors of the money deposited in the fund.
(c) The expenses of administering the fund shall be paid from
money in the fund.
(d) Money in the fund may not be commingled with any other
fund or with money received from taxation. The money may be
expended by the county office in any manner consistent with the
following:
(1) The purpose of the fund or with the intention of the donor
of the money.
(2) Indiana law.
(e) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(f) Money in the fund at the end of a state fiscal year does not
revert to the state general fund. As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.168;
P.L.5-1993, SEC.181; P.L.273-1999, SEC.92; P.L.146-2008,
SEC.403; P.L.44-2009, SEC.24.
IC 12-19-1-17
Repealed
(Repealed by P.L.273-1999, SEC.124.)
IC 12-19-1-18 Designation of responsible person to act for and receive assistance
on behalf of applicant or recipient; fee for services
Sec. 18. (a) After petition to and with the approval of the judge of
a circuit court of the county where an applicant for or recipient of
public assistance resides (or, if a superior court has probate
jurisdiction in the county, the superior court that has probate
jurisdiction where the recipient of public assistance resides), a
county office may take the actions described in subsection (b) if:
(1) an applicant for public assistance is physically or mentally
incapable of completing an application for assistance; or
(2) a recipient of public assistance:
(A) is incapable of managing the recipient's affairs; or
(B) refuses to:
(i) take care of the recipient's money properly; or
(ii) comply with the director of the division's rules and
policies.
(b) If the conditions of subsection (a) are satisfied, the county
office may designate a responsible person to do the following:
(1) Act for the applicant or recipient.
(2) Receive on behalf of the recipient the assistance the
recipient is eligible to receive under any of the following:
(A) This chapter.
(B) IC 12-10-6.
(C) IC 12-14-1 through IC 12-14-9.5.
(D) IC 12-14-13 through IC 12-14-19.
(E) IC 12-15.
(F) IC 16-35-2.
(c) A fee for services provided under this section may be paid to
the responsible person in an amount not to exceed ten dollars ($10)
each month. The fee may be allowed:
(1) in the monthly assistance award; or
(2) by vendor payment if the fee would cause the amount of
assistance to be increased beyond the maximum amount
permitted by statute. As added by P.L.2-1992, SEC.13. Amended by P.L.2-1993, SEC.111;
P.L.4-1993, SEC.170; P.L.5-1993, SEC.183; P.L.273-1999, SEC.93;
P.L.145-2006, SEC.108; P.L.146-2008, SEC.404; P.L.44-2009,
SEC.25.
IC 12-19-1-19 Persons who may be designated under IC 12-19-1-18; costs of
appointment proceedings
Sec. 19. (a) A responsible person approved under section 18 of
this chapter preferably must be a relative or friend of good moral
character whose interest is limited to the well-being of the applicant
or recipient. However, the responsible person may not be any of the
following:
(1) An employee of the county office.
(2) The superintendent of a county home.
(3) A person directly or indirectly financially connected with a
health facility or an institution giving care to the recipient.
(4) A person directly or indirectly connected with the operation
of a health facility or an institution giving care to the recipient.
(b) Costs may not be charged by a person or public official in
proceedings concerning the appointment of a responsible person
under section 18 of this chapter. As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.171;
P.L.5-1993, SEC.184; P.L.146-2008, SEC.405; P.L.44-2009,
SEC.26.
IC 12-19-1-20 Responsible persons; financial reports; termination of powers; use
of assistance money received
Sec. 20. (a) A responsible person appointed under section 18 of
this chapter shall make financial reports concerning the services
provided by the responsible person at the time and in the manner
prescribed by the circuit court. A responsible person shall account to
the circuit court at least one (1) time every two (2) years. The circuit
court may make rules regulating the administration and accounting
of money paid to a responsible person.
(b) The powers of a responsible person, other than the filing of a
final account for the approval of the circuit court, terminate on the
appointment of a guardian for the recipient.
(c) Public assistance money received by a responsible person shall
be used solely for the benefit of the recipient or the recipient's
dependents. As added by P.L.2-1992, SEC.13.
IC 12-19-1-21 Property tax levies prohibited
Sec. 21. (a) Notwithstanding any other law, after December 31,
1999, a county may not impose any of the following:
(1) A property tax levy for a county welfare fund.
(2) A property tax levy for a county welfare administration
fund.
(b) Notwithstanding any other law, after December 31, 2008, a
county may not impose any of the following:
(1) A property tax levy for a county medical assistance to wards
fund.
(2) A property tax levy for a county family and children's
services fund.
(3) A property tax levy for a children's psychiatric residential
treatment services fund.
(4) A property tax levy for a children with special health care
needs county fund. As added by P.L.273-1999, SEC.62. Amended by P.L.146-2008,
SEC.406.
IC 12-19-1-22 Bonds and loans considered general obligations of counties
Sec. 22. Each official and body responsible for the levying of
taxes for the county must ensure that sufficient levies are made to
meet the principal and interest on all bonds issued and loans made
under this article before January 1, 2009, at the time fixed for the
payment of the principal and interest, without regard to any other
statute. If an official or a body fails or refuses to make or allow a
sufficient levy required by this section, the bonds and loans and the
interest on the bonds and loans shall be payable out of the county
general fund without appropriation. As added by P.L.273-1999, SEC.63. Amended by P.L.146-2008,
SEC.407.
