IC 12-22 ARTICLE 22. SERVICES FOR PERSONS WITH
MENTAL ILLNESS
IC 12-22-1
Chapter 1. Respite Care for Persons With Mental Illness
IC 12-22-1-1 Respite care defined
Sec. 1. As used in this chapter, "respite care" means temporary
institutional or noninstitutional care:
(1) for an individual with a mental illness who:
(A) lives at home; and
(B) is cared for by the individual's family or other caretaker;
and
(2) that is provided because the family or caretaker is
temporarily unable or unavailable to provide needed care. As added by P.L.2-1992, SEC.16. Amended by P.L.99-2007,
SEC.104.
IC 12-22-1-2 Program for respite care; authorization
Sec. 2. The division may institute a program of respite care for
individuals with a mental illness. The program may include the
following:
(1) Training of private individuals to enable the individuals to
provide respite care in the individuals' own homes or in the
homes of individuals with a mental illness.
(2) Certifying residential facilities such as group homes, health
facilities (as defined in IC 16-18-2-167), community residential
facilities licensed under IC 12-28-5, and other private homes as
suitable for providing respite care under this chapter.
(3) Contracting for the provision of respite care.
(4) Working with other state and local agencies to develop a
coordinated program that serves the respite care needs of
individuals with a mental illness throughout Indiana. As added by P.L.2-1992, SEC.16. Amended by P.L.2-1993, SEC.112;
P.L.99-2007, SEC.105.
IC 12-22-1-3 Requests for assistance in obtaining respite care; assistance in
making arrangements; placement in state institution
Sec. 3. (a) If:
(1) a parent or guardian of an individual with a mental illness
requests the division to assist the parent or guardian in
obtaining respite care for the individual with a mental illness;
and
(2) the individual has been cared for in the home of the
individual's parent or guardian for the preceding three (3)
months;
the division shall determine if there is a person who can provide
appropriate respite care for the individual or a residential facility that
has the staff and bed space and can provide the services the
individual needs during the period of respite care. If the division
determines that such a person or facility exists, the division shall
inform the parent or guardian and, if needed, shall provide assistance
to the parent or guardian in making the arrangements for respite care.
(b) If:
(1) the division determines that such a person or residential
facility does not exist or if the parent or guardian does not want
to use the services identified by the division; and
(2) an appropriate state institution is located in the geographic
area of the individual with a mental illness;
the division may place the individual with a mental illness in a state
institution. As added by P.L.2-1992, SEC.16. Amended by P.L.99-2007,
SEC.106.
IC 12-22-1-4 Respite care provided by state institutions; grounds for not
accepting individuals; placement acceptance or rejection by parent
or guardian
Sec. 4. (a) Each state institution administered by the division shall
provide respite care.
(b) A state institution administered by the division is not required
to accept an individual with a mental illness for respite care if the
superintendent determines that:
(1) there is insufficient money, staff, or bed space; or
(2) the state institution is incapable of providing the services
that the individual needs during the individual's stay.
(c) The parent or guardian of an individual with a mental illness
may accept or reject a suggested placement under this section. As added by P.L.2-1992, SEC.16. Amended by P.L.99-2007,
SEC.107.
IC 12-22-1-5 Costs of care; subsidy
Sec. 5. The division may subsidize a part of the reasonable costs
of respite care provided under section 3(a) of this chapter if the
following conditions exist:
(1) The individual with a mental illness is not eligible under the
Medicaid program.
(2) The division does not subsidize any part of the costs of more
than twenty (20) days of respite care provided to an individual
in a calendar year. As added by P.L.2-1992, SEC.16. Amended by P.L.99-2007,
SEC.108.
IC 12-22-1-6 Rules
Sec. 6. The director may adopt rules under IC 4-22-2 to implement
this chapter. As added by P.L.2-1992, SEC.16.
IC 12-22 ARTICLE 22. SERVICES FOR PERSONS WITH
MENTAL ILLNESS
IC 12-22-1
Chapter 1. Respite Care for Persons With Mental Illness
IC 12-22-1-1 Respite care defined
Sec. 1. As used in this chapter, "respite care" means temporary
institutional or noninstitutional care:
(1) for an individual with a mental illness who:
(A) lives at home; and
(B) is cared for by the individual's family or other caretaker;
and
(2) that is provided because the family or caretaker is
temporarily unable or unavailable to provide needed care. As added by P.L.2-1992, SEC.16. Amended by P.L.99-2007,
SEC.104.
IC 12-22-1-2 Program for respite care; authorization
Sec. 2. The division may institute a program of respite care for
individuals with a mental illness. The program may include the
following:
(1) Training of private individuals to enable the individuals to
provide respite care in the individuals' own homes or in the
homes of individuals with a mental illness.
(2) Certifying residential facilities such as group homes, health
facilities (as defined in IC 16-18-2-167), community residential
facilities licensed under IC 12-28-5, and other private homes as
suitable for providing respite care under this chapter.
(3) Contracting for the provision of respite care.
(4) Working with other state and local agencies to develop a
coordinated program that serves the respite care needs of
individuals with a mental illness throughout Indiana. As added by P.L.2-1992, SEC.16. Amended by P.L.2-1993, SEC.112;
P.L.99-2007, SEC.105.
IC 12-22-1-3 Requests for assistance in obtaining respite care; assistance in
making arrangements; placement in state institution
Sec. 3. (a) If:
(1) a parent or guardian of an individual with a mental illness
requests the division to assist the parent or guardian in
obtaining respite care for the individual with a mental illness;
and
(2) the individual has been cared for in the home of the
individual's parent or guardian for the preceding three (3)
months;
the division shall determine if there is a person who can provide
appropriate respite care for the individual or a residential facility that
has the staff and bed space and can provide the services the
individual needs during the period of respite care. If the division
determines that such a person or facility exists, the division shall
inform the parent or guardian and, if needed, shall provide assistance
to the parent or guardian in making the arrangements for respite care.
(b) If:
(1) the division determines that such a person or residential
facility does not exist or if the parent or guardian does not want
to use the services identified by the division; and
(2) an appropriate state institution is located in the geographic
area of the individual with a mental illness;
the division may place the individual with a mental illness in a state
institution. As added by P.L.2-1992, SEC.16. Amended by P.L.99-2007,
SEC.106.
IC 12-22-1-4 Respite care provided by state institutions; grounds for not
accepting individuals; placement acceptance or rejection by parent
or guardian
Sec. 4. (a) Each state institution administered by the division shall
provide respite care.
(b) A state institution administered by the division is not required
to accept an individual with a mental illness for respite care if the
superintendent determines that:
(1) there is insufficient money, staff, or bed space; or
(2) the state institution is incapable of providing the services
that the individual needs during the individual's stay.
(c) The parent or guardian of an individual with a mental illness
may accept or reject a suggested placement under this section. As added by P.L.2-1992, SEC.16. Amended by P.L.99-2007,
SEC.107.
IC 12-22-1-5 Costs of care; subsidy
Sec. 5. The division may subsidize a part of the reasonable costs
of respite care provided under section 3(a) of this chapter if the
following conditions exist:
(1) The individual with a mental illness is not eligible under the
Medicaid program.
(2) The division does not subsidize any part of the costs of more
than twenty (20) days of respite care provided to an individual
in a calendar year. As added by P.L.2-1992, SEC.16. Amended by P.L.99-2007,
SEC.108.
IC 12-22-1-6 Rules
Sec. 6. The director may adopt rules under IC 4-22-2 to implement
this chapter. As added by P.L.2-1992, SEC.16.
IC 12-22 ARTICLE 22. SERVICES FOR PERSONS WITH
MENTAL ILLNESS
IC 12-22-1
Chapter 1. Respite Care for Persons With Mental Illness
IC 12-22-1-1 Respite care defined
Sec. 1. As used in this chapter, "respite care" means temporary
institutional or noninstitutional care:
(1) for an individual with a mental illness who:
(A) lives at home; and
(B) is cared for by the individual's family or other caretaker;
and
(2) that is provided because the family or caretaker is
temporarily unable or unavailable to provide needed care. As added by P.L.2-1992, SEC.16. Amended by P.L.99-2007,
SEC.104.
IC 12-22-1-2 Program for respite care; authorization
Sec. 2. The division may institute a program of respite care for
individuals with a mental illness. The program may include the
following:
(1) Training of private individuals to enable the individuals to
provide respite care in the individuals' own homes or in the
homes of individuals with a mental illness.
(2) Certifying residential facilities such as group homes, health
facilities (as defined in IC 16-18-2-167), community residential
facilities licensed under IC 12-28-5, and other private homes as
suitable for providing respite care under this chapter.
(3) Contracting for the provision of respite care.
(4) Working with other state and local agencies to develop a
coordinated program that serves the respite care needs of
individuals with a mental illness throughout Indiana. As added by P.L.2-1992, SEC.16. Amended by P.L.2-1993, SEC.112;
P.L.99-2007, SEC.105.
IC 12-22-1-3 Requests for assistance in obtaining respite care; assistance in
making arrangements; placement in state institution
Sec. 3. (a) If:
(1) a parent or guardian of an individual with a mental illness
requests the division to assist the parent or guardian in
obtaining respite care for the individual with a mental illness;
and
(2) the individual has been cared for in the home of the
individual's parent or guardian for the preceding three (3)
months;
the division shall determine if there is a person who can provide
appropriate respite care for the individual or a residential facility that
has the staff and bed space and can provide the services the
individual needs during the period of respite care. If the division
determines that such a person or facility exists, the division shall
inform the parent or guardian and, if needed, shall provide assistance
to the parent or guardian in making the arrangements for respite care.
(b) If:
(1) the division determines that such a person or residential
facility does not exist or if the parent or guardian does not want
to use the services identified by the division; and
(2) an appropriate state institution is located in the geographic
area of the individual with a mental illness;
the division may place the individual with a mental illness in a state
institution. As added by P.L.2-1992, SEC.16. Amended by P.L.99-2007,
SEC.106.
IC 12-22-1-4 Respite care provided by state institutions; grounds for not
accepting individuals; placement acceptance or rejection by parent
or guardian
Sec. 4. (a) Each state institution administered by the division shall
provide respite care.
(b) A state institution administered by the division is not required
to accept an individual with a mental illness for respite care if the
superintendent determines that:
(1) there is insufficient money, staff, or bed space; or
(2) the state institution is incapable of providing the services
that the individual needs during the individual's stay.
(c) The parent or guardian of an individual with a mental illness
may accept or reject a suggested placement under this section. As added by P.L.2-1992, SEC.16. Amended by P.L.99-2007,
SEC.107.
IC 12-22-1-5 Costs of care; subsidy
Sec. 5. The division may subsidize a part of the reasonable costs
of respite care provided under section 3(a) of this chapter if the
following conditions exist:
(1) The individual with a mental illness is not eligible under the
Medicaid program.
(2) The division does not subsidize any part of the costs of more
than twenty (20) days of respite care provided to an individual
in a calendar year. As added by P.L.2-1992, SEC.16. Amended by P.L.99-2007,
SEC.108.
IC 12-22-1-6 Rules
Sec. 6. The director may adopt rules under IC 4-22-2 to implement
this chapter. As added by P.L.2-1992, SEC.16.
