IC 12-28-5
Chapter 5. Community Residential Facilities Council
IC 12-28-5-1 Council defined
Sec. 1. As used in this chapter, "council" refers to the community
residential facilities council established by this chapter. As added by P.L.2-1992, SEC.22.
IC 12-28-5-2 Community residential facilities council; membership; financial
interests
Sec. 2. (a) The community residential facilities council is
established. The council consists of the following members
appointed by the governor:
(1) One (1) professional possessing specialized training in the
field of human development.
(2) One (1) member of the professional staff of the division of
disability and rehabilitative services.
(3) One (1) member of the professional staff of the office of
Medicaid policy and planning.
(4) One (1) member of the professional staff of the state
department of health.
(5) One (1) individual possessing a special interest in
individuals with a developmental disability.
(6) One (1) individual possessing a special interest in
individuals with a mental illness.
(7) One (1) individual who is the chief executive officer of a
facility providing both day services and residential services for
individuals with a developmental disability.
(8) One (1) individual who is the chief executive officer of a
facility providing residential services only for individuals with
a developmental disability.
(9) One (1) individual who is a member of the professional staff
of the Indiana protection and advocacy services commission.
The individual appointed under this subdivision is an ex officio
member of the council.
(10) One (1) individual who is the chief executive officer of an
entity providing only supported living services.
(11) One (1) individual who is receiving services through the
bureau of developmental disabilities services.
(12) Two (2) members of the public. One (1) member appointed
under this subdivision may be a member of a representative
organization of state employees.
(b) Except for the members designated by subsection (a)(7),
(a)(8), and (a)(10), a member of the council may not have an indirect
or a direct financial interest in a residential facility for individuals
with a developmental disability. As added by P.L.2-1992, SEC.22. Amended by P.L.23-1992, SEC.5;
P.L.4-1993, SEC.214; P.L.5-1993, SEC.227; P.L.111-1997, SEC.5;
IC 12-28-5-3 Term of office; reappointment
Sec. 3. The term of each member of the council is four (4) years.
Except for the members listed in section 2(a)(7), 2(a)(8), and
2(a)(10) of this chapter, members of the council may be reappointed. As added by P.L.2-1992, SEC.22. Amended by P.L.23-1992, SEC.6;
P.L.263-2001, SEC.2.
IC 12-28-5-4 Vacancies
Sec. 4. A vacancy occurring before the expiration of a term shall
be filled by the governor with the same type of individual that
vacated the office. As added by P.L.2-1992, SEC.22.
IC 12-28-5-5 Removal for cause
Sec. 5. A member may be removed only for cause. As added by P.L.2-1992, SEC.22.
IC 12-28-5-6 Community residential facilities council; presiding officer
appointment
Sec. 6. The governor shall appoint a member of the council to
serve as presiding officer of the council. As added by P.L.2-1992, SEC.22. Amended by P.L.23-1992, SEC.7.
IC 12-28-5-7 Quarterly meetings; additional meetings
Sec. 7. The council:
(1) shall meet at least quarterly; and
(2) may meet more often than quarterly if necessary, but not
more often than monthly.
Only the presiding officer may call additional meetings. As added by P.L.2-1992, SEC.22. Amended by P.L.23-1992, SEC.8;
P.L.263-2001, SEC.3.
IC 12-28-5-8 Quorum
Sec. 8. A majority of the members must be present to have a
quorum. As added by P.L.2-1992, SEC.22.
IC 12-28-5-9 Per diem; reimbursement of expenses
Sec. 9. Each member of the council who is not a state employee
is entitled to the minimum salary per diem as provided in
IC 4-10-11-2.1(b) for each day spent on the official business of the
council and to reimbursement for traveling expenses and other
expenses actually incurred in connection with the member's duties,
as provided in the state travel policies and procedures established by
the Indiana department of administration and approved by the budget
agency. As added by P.L.2-1992, SEC.22.
IC 12-28-5-10 Duties
Sec. 10. In conjunction with the division of disability and
rehabilitative services, the council shall do the following:
(1) Determine the current and projected needs of each
geographic area of Indiana for residential services for
individuals with a developmental disability.
(2) Determine how the provision of developmental or
vocational services for residents in these geographic areas
affects the availability of developmental or vocational services
to individuals with a developmental disability living in their
own homes.
(3) Develop standards for licensure of supervised group living
facilities regarding the following:
(A) A sanitary and safe environment for residents and
employees.
(B) Classification of supervised group living facilities.
(C) Any other matters that will ensure that the residents will
receive a residential environment.
(4) Develop standards for the approval of entities providing
supported living services.
(5) Recommend social and habilitation programs to the Indiana
health facilities council for individuals with a developmental
disability who reside in health facilities licensed under
IC 16-28.
(6) Develop and update semiannually a report that identifies the
numbers of individuals with a developmental disability who live
in health facilities licensed under IC 16-28. The Indiana health
facilities council shall assist in developing and updating this
report. As added by P.L.2-1992, SEC.22. Amended by P.L.23-1992, SEC.9;
P.L.2-1993, SEC.116; P.L.4-1993, SEC.215; P.L.5-1993, SEC.228;
P.L.6-1995, SEC.29; P.L.255-1996, SEC.8; P.L.263-2001, SEC.4;
P.L.141-2006, SEC.75; P.L.99-2007, SEC.147.
IC 12-28-5-11 License required for supervised group living facilities
Sec. 11. (a) A supervised group living facility must have a license
or provisional license issued under this chapter to operate.
(b) An entity that provides supported living services must be
approved by the council under this chapter to operate. As added by P.L.2-1992, SEC.22. Amended by P.L.6-1995, SEC.30;
P.L.263-2001, SEC.5.
IC 12-28-5-12 Supervised group living facility entitled to license; location
Sec. 12. (a) The council may license only those supervised group
living facilities that:
(1) meet the standards established under section 10 of this
chapter; and
(2) are necessary to provide adequate services to individuals
with a developmental disability in that geographic area.
(b) A supervised group living facility described in subsection (c)
may locate in only one (1) of the following counties:
(1) A county having a population of more than twenty-seven
thousand (27,000) but less than twenty-seven thousand two
hundred (27,200).
(2) A county having a population of more than one hundred
seventy thousand (170,000) but less than one hundred eighty
thousand (180,000).
(3) A county having a population of more than fifty thousand
(50,000) but less than fifty-five thousand (55,000).
(c) Notwithstanding 431 IAC 1.1-3-7(c) and 431 IAC 1.1-3-7(d),
the council shall license one (1) supervised group living facility that
is located less than one thousand (1,000) feet from another
supervised group living facility or a sheltered workshop under the
following conditions:
(1) Both of the supervised group living facilities meet all
standards for licensure as provided in section 10(3) of this
chapter.
(2) Both of the supervised group living facilities are built on
land that is owned by one (1) private entity.
(3) The community formed by the supervised group living
facilities provides job opportunities for residents of the
supervised group living facilities.
(d) The council may approve an entity to provide supported living
services only if the entity meets the standards established under
section 10 of this chapter. As added by P.L.2-1992, SEC.22. Amended by P.L.6-1995, SEC.31;
P.L.255-1996, SEC.9; P.L.6-1998, SEC.1; P.L.263-2001, SEC.6;
P.L.170-2002, SEC.83; P.L.99-2007, SEC.148.
IC 12-28-5-13 Revocation of license; hearing
Sec. 13. The council may revoke:
(1) the license of a supervised group living facility; or
(2) the approval of an entity that provides supported living
services;
that no longer meets the standards established under section 10 of
this chapter after following the procedures prescribed by IC 4-21.5-3.
If a hearing is provided for or authorized to be held by the council,
the council may designate a person as its agent or representative to
conduct a hearing. The agent or representative shall conduct the
hearing under IC 4-21.5-3. As added by P.L.2-1992, SEC.22. Amended by P.L.6-1995, SEC.32;
P.L.263-2001, SEC.7.
IC 12-28-5-14 Provisional license
Sec. 14. (a) The council may issue a provisional license to a
facility that does not qualify for a license under section 12 of this
chapter but that provides satisfactory evidence that the facility will
qualify within a period prescribed by the council. The period may not
exceed six (6) months.
(b) The council may issue provisional approval to an entity
providing supported living services that does not qualify for approval
under section 12 of this chapter but that provides satisfactory
evidence that the entity will qualify within a period prescribed by the
council. The period may not exceed six (6) months. As added by P.L.2-1992, SEC.22. Amended by P.L.263-2001, SEC.8.
IC 12-28-5-15 Staff; supervised group living facility review; agency assistance
Sec. 15. The division of disability and rehabilitative services shall
provide the staff for the council to accomplish the council's
functions. The council may require any other agency of state
government to assist the council in performing a review of a
supervised group living facility to determine if the supervised group
living facility should be licensed. As added by P.L.2-1992, SEC.22. Amended by P.L.23-1992, SEC.10;
P.L.4-1993, SEC.216; P.L.5-1993, SEC.229; P.L.6-1995, SEC.33;
P.L.255-1996, SEC.10; P.L.141-2006, SEC.76.
IC 12-28-5-16 Division as primary state agency to plan and coordinate programs
of supervised group living facilities and services
Sec. 16. The division of disability and rehabilitative services is the
primary state agency responsible for planning, developing,
coordinating, and implementing the plan and program of supervised
group living facilities and services, including developmental and
vocational services, needed for individuals with a developmental
disability residing in those facilities. Other state agencies authorized
by law or rule to carry out activities and control money that have a
direct bearing upon the provision of supervised group living services
shall enter into memoranda of understanding or contracts with the
division of disability and rehabilitative services to ensure a
coordinated utilization of resources and responsibilities. As added by P.L.2-1992, SEC.22. Amended by P.L.4-1993, SEC.217;
P.L.5-1993, SEC.230; P.L.6-1995, SEC.34; P.L.141-2006, SEC.77;
P.L.99-2007, SEC.149.
IC 12-28-5-17 Inspection of facilities
Sec. 17. The inspection of a facility to determine its compliance
with state licensure standards shall be conducted, to the extent
feasible, at the same time as the inspection to determine its
compliance with federal standards. As added by P.L.2-1992, SEC.22.
IC 12-28-5-18
Repealed
(Repealed by P.L.111-1997, SEC.9.)
IC 12-28-5-19 Rules to implement chapter
Sec. 19. The council may adopt rules under IC 4-22-2 to
implement this chapter. As added by P.L.23-1992, SEC.12.
IC 12-28-5
Chapter 5. Community Residential Facilities Council
IC 12-28-5-1 Council defined
Sec. 1. As used in this chapter, "council" refers to the community
residential facilities council established by this chapter. As added by P.L.2-1992, SEC.22.
IC 12-28-5-2 Community residential facilities council; membership; financial
interests
Sec. 2. (a) The community residential facilities council is
established. The council consists of the following members
appointed by the governor:
(1) One (1) professional possessing specialized training in the
field of human development.
(2) One (1) member of the professional staff of the division of
disability and rehabilitative services.
(3) One (1) member of the professional staff of the office of
Medicaid policy and planning.
(4) One (1) member of the professional staff of the state
department of health.
(5) One (1) individual possessing a special interest in
individuals with a developmental disability.
(6) One (1) individual possessing a special interest in
individuals with a mental illness.
(7) One (1) individual who is the chief executive officer of a
facility providing both day services and residential services for
individuals with a developmental disability.
(8) One (1) individual who is the chief executive officer of a
facility providing residential services only for individuals with
a developmental disability.
(9) One (1) individual who is a member of the professional staff
of the Indiana protection and advocacy services commission.
The individual appointed under this subdivision is an ex officio
member of the council.
(10) One (1) individual who is the chief executive officer of an
entity providing only supported living services.
(11) One (1) individual who is receiving services through the
bureau of developmental disabilities services.
(12) Two (2) members of the public. One (1) member appointed
under this subdivision may be a member of a representative
organization of state employees.
(b) Except for the members designated by subsection (a)(7),
(a)(8), and (a)(10), a member of the council may not have an indirect
or a direct financial interest in a residential facility for individuals
with a developmental disability. As added by P.L.2-1992, SEC.22. Amended by P.L.23-1992, SEC.5;
P.L.4-1993, SEC.214; P.L.5-1993, SEC.227; P.L.111-1997, SEC.5;
IC 12-28-5-3 Term of office; reappointment
Sec. 3. The term of each member of the council is four (4) years.
Except for the members listed in section 2(a)(7), 2(a)(8), and
2(a)(10) of this chapter, members of the council may be reappointed. As added by P.L.2-1992, SEC.22. Amended by P.L.23-1992, SEC.6;
P.L.263-2001, SEC.2.
IC 12-28-5-4 Vacancies
Sec. 4. A vacancy occurring before the expiration of a term shall
be filled by the governor with the same type of individual that
vacated the office. As added by P.L.2-1992, SEC.22.
IC 12-28-5-5 Removal for cause
Sec. 5. A member may be removed only for cause. As added by P.L.2-1992, SEC.22.
IC 12-28-5-6 Community residential facilities council; presiding officer
appointment
Sec. 6. The governor shall appoint a member of the council to
serve as presiding officer of the council. As added by P.L.2-1992, SEC.22. Amended by P.L.23-1992, SEC.7.
IC 12-28-5-7 Quarterly meetings; additional meetings
Sec. 7. The council:
(1) shall meet at least quarterly; and
(2) may meet more often than quarterly if necessary, but not
more often than monthly.
Only the presiding officer may call additional meetings. As added by P.L.2-1992, SEC.22. Amended by P.L.23-1992, SEC.8;
P.L.263-2001, SEC.3.
IC 12-28-5-8 Quorum
Sec. 8. A majority of the members must be present to have a
quorum. As added by P.L.2-1992, SEC.22.
IC 12-28-5-9 Per diem; reimbursement of expenses
Sec. 9. Each member of the council who is not a state employee
is entitled to the minimum salary per diem as provided in
IC 4-10-11-2.1(b) for each day spent on the official business of the
council and to reimbursement for traveling expenses and other
expenses actually incurred in connection with the member's duties,
as provided in the state travel policies and procedures established by
the Indiana department of administration and approved by the budget
agency. As added by P.L.2-1992, SEC.22.
IC 12-28-5-10 Duties
Sec. 10. In conjunction with the division of disability and
rehabilitative services, the council shall do the following:
(1) Determine the current and projected needs of each
geographic area of Indiana for residential services for
individuals with a developmental disability.
(2) Determine how the provision of developmental or
vocational services for residents in these geographic areas
affects the availability of developmental or vocational services
to individuals with a developmental disability living in their
own homes.
(3) Develop standards for licensure of supervised group living
facilities regarding the following:
(A) A sanitary and safe environment for residents and
employees.
(B) Classification of supervised group living facilities.
(C) Any other matters that will ensure that the residents will
receive a residential environment.
(4) Develop standards for the approval of entities providing
supported living services.
(5) Recommend social and habilitation programs to the Indiana
health facilities council for individuals with a developmental
disability who reside in health facilities licensed under
IC 16-28.
(6) Develop and update semiannually a report that identifies the
numbers of individuals with a developmental disability who live
in health facilities licensed under IC 16-28. The Indiana health
facilities council shall assist in developing and updating this
report. As added by P.L.2-1992, SEC.22. Amended by P.L.23-1992, SEC.9;
P.L.2-1993, SEC.116; P.L.4-1993, SEC.215; P.L.5-1993, SEC.228;
P.L.6-1995, SEC.29; P.L.255-1996, SEC.8; P.L.263-2001, SEC.4;
P.L.141-2006, SEC.75; P.L.99-2007, SEC.147.
IC 12-28-5-11 License required for supervised group living facilities
Sec. 11. (a) A supervised group living facility must have a license
or provisional license issued under this chapter to operate.
(b) An entity that provides supported living services must be
approved by the council under this chapter to operate. As added by P.L.2-1992, SEC.22. Amended by P.L.6-1995, SEC.30;
P.L.263-2001, SEC.5.
IC 12-28-5-12 Supervised group living facility entitled to license; location
Sec. 12. (a) The council may license only those supervised group
living facilities that:
(1) meet the standards established under section 10 of this
chapter; and
(2) are necessary to provide adequate services to individuals
with a developmental disability in that geographic area.
(b) A supervised group living facility described in subsection (c)
may locate in only one (1) of the following counties:
(1) A county having a population of more than twenty-seven
thousand (27,000) but less than twenty-seven thousand two
hundred (27,200).
(2) A county having a population of more than one hundred
seventy thousand (170,000) but less than one hundred eighty
thousand (180,000).
(3) A county having a population of more than fifty thousand
(50,000) but less than fifty-five thousand (55,000).
(c) Notwithstanding 431 IAC 1.1-3-7(c) and 431 IAC 1.1-3-7(d),
the council shall license one (1) supervised group living facility that
is located less than one thousand (1,000) feet from another
supervised group living facility or a sheltered workshop under the
following conditions:
(1) Both of the supervised group living facilities meet all
standards for licensure as provided in section 10(3) of this
chapter.
(2) Both of the supervised group living facilities are built on
land that is owned by one (1) private entity.
(3) The community formed by the supervised group living
facilities provides job opportunities for residents of the
supervised group living facilities.
(d) The council may approve an entity to provide supported living
services only if the entity meets the standards established under
section 10 of this chapter. As added by P.L.2-1992, SEC.22. Amended by P.L.6-1995, SEC.31;
P.L.255-1996, SEC.9; P.L.6-1998, SEC.1; P.L.263-2001, SEC.6;
P.L.170-2002, SEC.83; P.L.99-2007, SEC.148.
IC 12-28-5-13 Revocation of license; hearing
Sec. 13. The council may revoke:
(1) the license of a supervised group living facility; or
(2) the approval of an entity that provides supported living
services;
that no longer meets the standards established under section 10 of
this chapter after following the procedures prescribed by IC 4-21.5-3.
If a hearing is provided for or authorized to be held by the council,
the council may designate a person as its agent or representative to
conduct a hearing. The agent or representative shall conduct the
hearing under IC 4-21.5-3. As added by P.L.2-1992, SEC.22. Amended by P.L.6-1995, SEC.32;
P.L.263-2001, SEC.7.
IC 12-28-5-14 Provisional license
Sec. 14. (a) The council may issue a provisional license to a
facility that does not qualify for a license under section 12 of this
chapter but that provides satisfactory evidence that the facility will
qualify within a period prescribed by the council. The period may not
exceed six (6) months.
(b) The council may issue provisional approval to an entity
providing supported living services that does not qualify for approval
under section 12 of this chapter but that provides satisfactory
evidence that the entity will qualify within a period prescribed by the
council. The period may not exceed six (6) months. As added by P.L.2-1992, SEC.22. Amended by P.L.263-2001, SEC.8.
IC 12-28-5-15 Staff; supervised group living facility review; agency assistance
Sec. 15. The division of disability and rehabilitative services shall
provide the staff for the council to accomplish the council's
functions. The council may require any other agency of state
government to assist the council in performing a review of a
supervised group living facility to determine if the supervised group
living facility should be licensed. As added by P.L.2-1992, SEC.22. Amended by P.L.23-1992, SEC.10;
P.L.4-1993, SEC.216; P.L.5-1993, SEC.229; P.L.6-1995, SEC.33;
P.L.255-1996, SEC.10; P.L.141-2006, SEC.76.
IC 12-28-5-16 Division as primary state agency to plan and coordinate programs
of supervised group living facilities and services
Sec. 16. The division of disability and rehabilitative services is the
primary state agency responsible for planning, developing,
coordinating, and implementing the plan and program of supervised
group living facilities and services, including developmental and
vocational services, needed for individuals with a developmental
disability residing in those facilities. Other state agencies authorized
by law or rule to carry out activities and control money that have a
direct bearing upon the provision of supervised group living services
shall enter into memoranda of understanding or contracts with the
division of disability and rehabilitative services to ensure a
coordinated utilization of resources and responsibilities. As added by P.L.2-1992, SEC.22. Amended by P.L.4-1993, SEC.217;
P.L.5-1993, SEC.230; P.L.6-1995, SEC.34; P.L.141-2006, SEC.77;
P.L.99-2007, SEC.149.
IC 12-28-5-17 Inspection of facilities
Sec. 17. The inspection of a facility to determine its compliance
with state licensure standards shall be conducted, to the extent
feasible, at the same time as the inspection to determine its
compliance with federal standards. As added by P.L.2-1992, SEC.22.
IC 12-28-5-18
Repealed
(Repealed by P.L.111-1997, SEC.9.)
IC 12-28-5-19 Rules to implement chapter
Sec. 19. The council may adopt rules under IC 4-22-2 to
implement this chapter. As added by P.L.23-1992, SEC.12.
IC 12-28-5
Chapter 5. Community Residential Facilities Council
IC 12-28-5-1 Council defined
Sec. 1. As used in this chapter, "council" refers to the community
residential facilities council established by this chapter. As added by P.L.2-1992, SEC.22.
IC 12-28-5-2 Community residential facilities council; membership; financial
interests
Sec. 2. (a) The community residential facilities council is
established. The council consists of the following members
appointed by the governor:
(1) One (1) professional possessing specialized training in the
field of human development.
(2) One (1) member of the professional staff of the division of
disability and rehabilitative services.
(3) One (1) member of the professional staff of the office of
Medicaid policy and planning.
(4) One (1) member of the professional staff of the state
department of health.
(5) One (1) individual possessing a special interest in
individuals with a developmental disability.
(6) One (1) individual possessing a special interest in
individuals with a mental illness.
(7) One (1) individual who is the chief executive officer of a
facility providing both day services and residential services for
individuals with a developmental disability.
(8) One (1) individual who is the chief executive officer of a
facility providing residential services only for individuals with
a developmental disability.
(9) One (1) individual who is a member of the professional staff
of the Indiana protection and advocacy services commission.
The individual appointed under this subdivision is an ex officio
member of the council.
(10) One (1) individual who is the chief executive officer of an
entity providing only supported living services.
(11) One (1) individual who is receiving services through the
bureau of developmental disabilities services.
(12) Two (2) members of the public. One (1) member appointed
under this subdivision may be a member of a representative
organization of state employees.
(b) Except for the members designated by subsection (a)(7),
(a)(8), and (a)(10), a member of the council may not have an indirect
or a direct financial interest in a residential facility for individuals
with a developmental disability. As added by P.L.2-1992, SEC.22. Amended by P.L.23-1992, SEC.5;
P.L.4-1993, SEC.214; P.L.5-1993, SEC.227; P.L.111-1997, SEC.5;
IC 12-28-5-3 Term of office; reappointment
Sec. 3. The term of each member of the council is four (4) years.
Except for the members listed in section 2(a)(7), 2(a)(8), and
2(a)(10) of this chapter, members of the council may be reappointed. As added by P.L.2-1992, SEC.22. Amended by P.L.23-1992, SEC.6;
P.L.263-2001, SEC.2.
IC 12-28-5-4 Vacancies
Sec. 4. A vacancy occurring before the expiration of a term shall
be filled by the governor with the same type of individual that
vacated the office. As added by P.L.2-1992, SEC.22.
IC 12-28-5-5 Removal for cause
Sec. 5. A member may be removed only for cause. As added by P.L.2-1992, SEC.22.
IC 12-28-5-6 Community residential facilities council; presiding officer
appointment
Sec. 6. The governor shall appoint a member of the council to
serve as presiding officer of the council. As added by P.L.2-1992, SEC.22. Amended by P.L.23-1992, SEC.7.
IC 12-28-5-7 Quarterly meetings; additional meetings
Sec. 7. The council:
(1) shall meet at least quarterly; and
(2) may meet more often than quarterly if necessary, but not
more often than monthly.
Only the presiding officer may call additional meetings. As added by P.L.2-1992, SEC.22. Amended by P.L.23-1992, SEC.8;
P.L.263-2001, SEC.3.
IC 12-28-5-8 Quorum
Sec. 8. A majority of the members must be present to have a
quorum. As added by P.L.2-1992, SEC.22.
IC 12-28-5-9 Per diem; reimbursement of expenses
Sec. 9. Each member of the council who is not a state employee
is entitled to the minimum salary per diem as provided in
IC 4-10-11-2.1(b) for each day spent on the official business of the
council and to reimbursement for traveling expenses and other
expenses actually incurred in connection with the member's duties,
as provided in the state travel policies and procedures established by
the Indiana department of administration and approved by the budget
agency. As added by P.L.2-1992, SEC.22.
IC 12-28-5-10 Duties
Sec. 10. In conjunction with the division of disability and
rehabilitative services, the council shall do the following:
(1) Determine the current and projected needs of each
geographic area of Indiana for residential services for
individuals with a developmental disability.
(2) Determine how the provision of developmental or
vocational services for residents in these geographic areas
affects the availability of developmental or vocational services
to individuals with a developmental disability living in their
own homes.
(3) Develop standards for licensure of supervised group living
facilities regarding the following:
(A) A sanitary and safe environment for residents and
employees.
(B) Classification of supervised group living facilities.
(C) Any other matters that will ensure that the residents will
receive a residential environment.
(4) Develop standards for the approval of entities providing
supported living services.
(5) Recommend social and habilitation programs to the Indiana
health facilities council for individuals with a developmental
disability who reside in health facilities licensed under
IC 16-28.
(6) Develop and update semiannually a report that identifies the
numbers of individuals with a developmental disability who live
in health facilities licensed under IC 16-28. The Indiana health
facilities council shall assist in developing and updating this
report. As added by P.L.2-1992, SEC.22. Amended by P.L.23-1992, SEC.9;
P.L.2-1993, SEC.116; P.L.4-1993, SEC.215; P.L.5-1993, SEC.228;
P.L.6-1995, SEC.29; P.L.255-1996, SEC.8; P.L.263-2001, SEC.4;
P.L.141-2006, SEC.75; P.L.99-2007, SEC.147.
IC 12-28-5-11 License required for supervised group living facilities
Sec. 11. (a) A supervised group living facility must have a license
or provisional license issued under this chapter to operate.
(b) An entity that provides supported living services must be
approved by the council under this chapter to operate. As added by P.L.2-1992, SEC.22. Amended by P.L.6-1995, SEC.30;
P.L.263-2001, SEC.5.
IC 12-28-5-12 Supervised group living facility entitled to license; location
Sec. 12. (a) The council may license only those supervised group
living facilities that:
(1) meet the standards established under section 10 of this
chapter; and
(2) are necessary to provide adequate services to individuals
with a developmental disability in that geographic area.
(b) A supervised group living facility described in subsection (c)
may locate in only one (1) of the following counties:
(1) A county having a population of more than twenty-seven
thousand (27,000) but less than twenty-seven thousand two
hundred (27,200).
(2) A county having a population of more than one hundred
seventy thousand (170,000) but less than one hundred eighty
thousand (180,000).
(3) A county having a population of more than fifty thousand
(50,000) but less than fifty-five thousand (55,000).
(c) Notwithstanding 431 IAC 1.1-3-7(c) and 431 IAC 1.1-3-7(d),
the council shall license one (1) supervised group living facility that
is located less than one thousand (1,000) feet from another
supervised group living facility or a sheltered workshop under the
following conditions:
(1) Both of the supervised group living facilities meet all
standards for licensure as provided in section 10(3) of this
chapter.
(2) Both of the supervised group living facilities are built on
land that is owned by one (1) private entity.
(3) The community formed by the supervised group living
facilities provides job opportunities for residents of the
supervised group living facilities.
(d) The council may approve an entity to provide supported living
services only if the entity meets the standards established under
section 10 of this chapter. As added by P.L.2-1992, SEC.22. Amended by P.L.6-1995, SEC.31;
P.L.255-1996, SEC.9; P.L.6-1998, SEC.1; P.L.263-2001, SEC.6;
P.L.170-2002, SEC.83; P.L.99-2007, SEC.148.
IC 12-28-5-13 Revocation of license; hearing
Sec. 13. The council may revoke:
(1) the license of a supervised group living facility; or
(2) the approval of an entity that provides supported living
services;
that no longer meets the standards established under section 10 of
this chapter after following the procedures prescribed by IC 4-21.5-3.
If a hearing is provided for or authorized to be held by the council,
the council may designate a person as its agent or representative to
conduct a hearing. The agent or representative shall conduct the
hearing under IC 4-21.5-3. As added by P.L.2-1992, SEC.22. Amended by P.L.6-1995, SEC.32;
P.L.263-2001, SEC.7.
IC 12-28-5-14 Provisional license
Sec. 14. (a) The council may issue a provisional license to a
facility that does not qualify for a license under section 12 of this
chapter but that provides satisfactory evidence that the facility will
qualify within a period prescribed by the council. The period may not
exceed six (6) months.
(b) The council may issue provisional approval to an entity
providing supported living services that does not qualify for approval
under section 12 of this chapter but that provides satisfactory
evidence that the entity will qualify within a period prescribed by the
council. The period may not exceed six (6) months. As added by P.L.2-1992, SEC.22. Amended by P.L.263-2001, SEC.8.
IC 12-28-5-15 Staff; supervised group living facility review; agency assistance
Sec. 15. The division of disability and rehabilitative services shall
provide the staff for the council to accomplish the council's
functions. The council may require any other agency of state
government to assist the council in performing a review of a
supervised group living facility to determine if the supervised group
living facility should be licensed. As added by P.L.2-1992, SEC.22. Amended by P.L.23-1992, SEC.10;
P.L.4-1993, SEC.216; P.L.5-1993, SEC.229; P.L.6-1995, SEC.33;
P.L.255-1996, SEC.10; P.L.141-2006, SEC.76.
IC 12-28-5-16 Division as primary state agency to plan and coordinate programs
of supervised group living facilities and services
Sec. 16. The division of disability and rehabilitative services is the
primary state agency responsible for planning, developing,
coordinating, and implementing the plan and program of supervised
group living facilities and services, including developmental and
vocational services, needed for individuals with a developmental
disability residing in those facilities. Other state agencies authorized
by law or rule to carry out activities and control money that have a
direct bearing upon the provision of supervised group living services
shall enter into memoranda of understanding or contracts with the
division of disability and rehabilitative services to ensure a
coordinated utilization of resources and responsibilities. As added by P.L.2-1992, SEC.22. Amended by P.L.4-1993, SEC.217;
P.L.5-1993, SEC.230; P.L.6-1995, SEC.34; P.L.141-2006, SEC.77;
P.L.99-2007, SEC.149.
IC 12-28-5-17 Inspection of facilities
Sec. 17. The inspection of a facility to determine its compliance
with state licensure standards shall be conducted, to the extent
feasible, at the same time as the inspection to determine its
compliance with federal standards. As added by P.L.2-1992, SEC.22.
IC 12-28-5-18
Repealed
(Repealed by P.L.111-1997, SEC.9.)
IC 12-28-5-19 Rules to implement chapter
Sec. 19. The council may adopt rules under IC 4-22-2 to
implement this chapter. As added by P.L.23-1992, SEC.12.
