IC 12-30-3
Chapter 3. County Homes in Certain Counties
IC 12-30-3-1 Application of chapter
Sec. 1. This chapter applies to a county having a population of
more than two hundred thirty-five thousand (235,000). As added by P.L.2-1992, SEC.24.
IC 12-30-3-2 Establishment of homes
Sec. 2. (a) The board of commissioners may establish, construct,
purchase, lease, convert, or accept and maintain a county home for
the support and care of individuals within at least one (1) of the
following categories:
(1) The aged.
(2) The blind.
(3) The destitute.
(4) The homeless.
(5) The infirm or chronically ill.
(6) Individuals who need nursing or convalescent care, but not
hospitalization, within the available facilities of the county
home.
(b) The board of commissioners may use or convert:
(1) the county infirmary;
(2) the county home;
(3) the county farm; or
(4) any other facilities belonging to or received by the county
by donation, gift, devise, purchase, lease, or otherwise;
for the purposes set forth in subsection (a). As added by P.L.2-1992, SEC.24.
IC 12-30-3-3 County home board; membership; qualifications; term of office;
vacancies
Sec. 3. (a) A county home board is created in each county that
maintains a county home under this chapter.
(b) The county home board consists of seven (7) members who
must be residents of the county. The county home board shall be
appointed by the board of commissioners, with consent of the county
council. The members shall be appointed without regard to political
affiliation, except that not more than four (4) members may belong
to the same political party.
(c) Each member shall be appointed on the basis of the member's
recognized interests in and demonstrated knowledge of the problems
of the county home and the proper care and treatment of the county
home's patients and residents.
(d) All appointments are for terms of four (4) years and begin on
the January 1 immediately after the expiration of the previous term
of appointment. A member serves until the member's successor has
been appointed and qualified.
(e) A vacancy occurring for any cause in the membership of the
county home board shall be filled for the unexpired term by the
board of commissioners. The board of commissioners shall make
appointments promptly as far as feasible so that the full membership
of the county home board shall be appointed and maintained. As added by P.L.2-1992, SEC.24.
IC 12-30-3-4 County home board; members; mileage payments; per diem
Sec. 4. (a) The members of the county home board serve without
salary, but are entitled to receive for each mile actually and
necessarily traveled:
(1) within the county in going to and from officially called
meetings of the county home board; and
(2) within Indiana in going to and from meetings of the county
home board officially called by the division of family resources;
an amount for mileage at a rate determined by the county fiscal body.
(b) A member not holding other lucrative elective or appointive
office may receive a per diem allowance of not more than
twenty-five dollars ($25) for attendance at any regularly called
meeting of the county home board. Per diem allowances may not
exceed twenty-five dollars ($25) to any one (1) member in a calendar
month and may be paid only if the amount has been made available
by appropriation. As added by P.L.2-1992, SEC.24. Amended by P.L.10-1997, SEC.17;
P.L.145-2006, SEC.128.
IC 12-30-3-5 County home board; meetings; quorum
Sec. 5. (a) The county home board shall hold one (1) regular
meeting each month and the called meetings prescribed by the rules
of the county home board. The regular meeting shall be held at the
county home unless the county home board decides to hold the
meeting elsewhere for some specific reason. The May meeting is the
annual meeting.
(b) Four (4) members of the county home board constitute a
quorum for the transaction of business. At the annual meeting, the
county home board shall elect a president and a vice president for a
term of one (1) year. The president and vice president serve until a
successor is elected. As added by P.L.2-1992, SEC.24.
IC 12-30-3-6 County home board; official seal; minute book
Sec. 6. The county home board shall adopt and use an official seal
for the authentication of the county home board's orders and records
and shall cause the county home board's proceeding to be duly
recorded in an official minute book maintained by the secretary of
the county home board.
As added by P.L.2-1992, SEC.24.
IC 12-30-3-7 County home superintendent; appointment; qualifications;
removal
Sec. 7. (a) The county home board shall, with the advice and
approval of the board of commissioners, appoint a county home
superintendent.
(b) The county home superintendent shall be appointed solely on
the basis of merit and fitness for the position and without regard to
the appointee's political affiliation. The county home superintendent
must:
(1) be a citizen of the United States;
(2) be of good executive ability;
(3) be qualified as an institutional administrative officer;
(4) be a reputable citizen of good moral character; and
(5) have had the proper experience and training to manage
efficiently the county home and to supervise or provide
necessary and proper care and treatment for the county home's
patients and residents.
(c) The county home superintendent may be removed from office
only for cause, on charges of inefficiency or another proper charge,
after a hearing before the county home board. As added by P.L.2-1992, SEC.24.
IC 12-30-3-8 County home superintendent; duties; compensation; mileage
payments; oath; bond
Sec. 8. (a) The county home superintendent:
(1) is the executive and administrative officer of the county
home;
(2) serves as the secretary of the county home board but is not
a voting member of the county home board; and
(3) shall perform all duties and functions of county home
superintendent as provided by law under the direction and
supervision of the county home board.
(b) A county home superintendent is entitled to compensation as
fixed by the county home board within the lawfully established
appropriations, which shall be paid monthly in the same manner as
the compensation of the county officers as provided by law.
(c) In addition to the compensation referred to in subsection (b),
the county home superintendent may receive for each mile actually
and necessarily traveled an amount for mileage at a rate determined
by the county fiscal body.
(d) Before entering upon the duties of the superintendent's office,
the county home superintendent:
(1) shall take the oath of office required by law; and
(2) may, in the manner prescribed by IC 5-4-1, be required to
execute a surety bond conditioned on the faithful performance
of the superintendent's duties.
As added by P.L.2-1992, SEC.24. Amended by P.L.10-1997, SEC.18.
IC 12-30-3-9 County home board; policies, rules, and regulations for
government of home; discharge by county home superintendent of
administrative duties
Sec. 9. (a) The county home board shall adopt all policies, rules,
and regulations for the government of the county home.
(b) The county home superintendent shall discharge all
administrative and executive duties and responsibilities of the county
home, subject to the approval of the county home board. As added by P.L.2-1992, SEC.24.
IC 12-30-3-10 County home board; duties
Sec. 10. The county home board shall do the following:
(1) Fix the salaries of the officers and employees of the county
home within the lawfully established appropriations.
(2) Supervise the maintenance, operation, and services of the
county home.
(3) Supervise and safeguard the health, safety, welfare, and
comfort of the patients and residents of the county home.
(4) Review and approve the annual budget of the county home
for submission as provided by law.
(5) Adopt rules and regulations for admissions to the county
home as provided by law, subject to the approval of the board
of commissioners.
(6) Recommend to the board of commissioners necessary
additions, repairs, and improvements to the buildings, grounds,
and physical plant of the county home.
(7) Review quarterly and annual estimates and requests for
food, supplies, and equipment for the county home.
(8) Plan for the requirements of the county home and interpret
those requirements to the board of commissioners and the
county council.
(9) Cooperate with the county hospital authorities and other
public and private agencies and facilities of the county and
state.
(10) Improve and extend the services and facilities of the county
home as found necessary or desirable, especially nursing
services for the aged, blind, infirm, and chronically ill, and
those in need of nursing and convalescent care. As added by P.L.2-1992, SEC.24.
IC 12-30-3-11 County home board; development plan; cooperation with other
agencies
Sec. 11. The county home board shall plan for the effective
development of the county home for the public benefit and shall be
empowered to cooperate with all agencies of government to
accomplish this purpose. As added by P.L.2-1992, SEC.24.
IC 12-30-3-12 County home board; inspection of facilities
Sec. 12. The county home board shall regularly inspect all
facilities of the county home. In the inspections, the board shall
examine the following:
(1) The sufficiency and performance of the personnel.
(2) The health, medical care, and nursing care of patients and
residents.
(3) Drug handling.
(4) Mechanical restraint and seclusion.
(5) Food service and food sanitation.
(6) Water supply.
(7) Sanitation and sewage disposal.
(8) Physical plant and equipment.
(9) Safety standards.
(10) Community life and occupational therapy for patients and
residents.
(11) Handling of mail and assistance warrants of patients and
residents.
(12) Admission of patients and residents on a voluntary basis.
(13) Records and reports.
(14) Working and living arrangements for staff personnel.
(15) Other items the inspection of which is provided by law or
determined to be necessary or advisable by the county home
board. As added by P.L.2-1992, SEC.24.
IC 12-30-3-13 County home superintendent; assistants; appointment;
qualifications; compensation; dismissal
Sec. 13. (a) The county home superintendent shall, with the
approval of the county home board, appoint as many assistants as the
superintendent and the county home board determine to be necessary
to do the following:
(1) Administer the activities and services of the county home.
(2) Provide proper and adequate care for patients and residents.
(3) Perform all other duties required of the county.
(b) Assistants must be appointed under this section solely on the
basis of qualification and training for the duties assigned and without
regard to political affiliation.
(c) The county home superintendent shall, with the approval of
the county home board, fix the compensation of the assistants
appointed under this section within the lawfully established
appropriations.
(d) Assistants appointed under this section may be dismissed only
for cause by the county home superintendent with the approval of the
county home board. An assistant dismissed under this subsection has
the right to a hearing before the county home board if requested
within ten (10) days after the effective date of dismissal. As added by P.L.2-1992, SEC.24.
IC 12-30-3-14 Admission of patients and residents; recipients of old age
assistance and blind assistance
Sec. 14. (a) Admission of all patients and residents to the county
home must be on a voluntary basis and without regard to race,
religion, color, sex, national origin, or ancestry.
(b) Recipients of old age assistance and blind assistance shall be
admitted to the county home on the same basis and for the same
charge as other patients and residents in the county home. There may
be no discrimination in the care and treatment of patients and
residents of the county home because of the source of the money for
the support and care of the patients and residents. As added by P.L.2-1992, SEC.24.
IC 12-30-3-15 Hospitalization or medical care needed by patient or resident
Sec. 15. Whenever a patient or resident in the county home
requires hospitalization, medical nursing, or other care beyond the
facilities of the county home, arrangements shall be made promptly
for furnishing that necessary care. As added by P.L.2-1992, SEC.24.
IC 12-30-3-16 Participation in work of farm or home; community life; special
privileges; selfemployment
Sec. 16. (a) Participation by residents or patients in the work of
the farm or home, other than care of person and simple duties such
as care of bed and room, shall be on a voluntary basis.
(b) Effort shall be made to provide community life and
opportunities for such activities, along the line of occupational
therapy, under the direction of a physician, as are consistent with the
mental and physical well-being of the residents or patients.
(c) Special privileges, duties, or responsibilities may not be
extended to one (1) resident or patient unless made available to every
resident or patient within the patient's own mental or physical
limitations.
(d) Opportunity shall be developed for self employment and
personal earnings in connection with hobbies and abilities within
reasonable limits for the well-being of residents and patients. As added by P.L.2-1992, SEC.24.
IC 12-30-3-17 Counties not having consolidated cities; charges for care and
maintenance of patients and residents
Sec. 17. (a) This section applies to a county that does not have a
consolidated city.
(b) The amount to be charged for the care and maintenance of
each patient or resident in the county home shall be fixed as provided
by law and may not exceed the maximum amount established by law. As added by P.L.2-1992, SEC.24.
IC 12-30-3-18 Counties having consolidated cities; schedule of charges for care
and maintenance of patients and residents
Sec. 18. (a) This section applies to a county having a consolidated
city.
(b) The county home board shall fix a schedule of charges for the
care and maintenance of patients or residents and the effective date
of the schedule. A schedule of charges established under this section
is not effective until after the charges have been approved by
resolution of the city-county council. In establishing the schedule of
charges, the county home board may fix different rates based on
different types or classes of care. If the home is licensed under state
or federal laws that authorize or fix different classes of care, those
classifications authorized or fixed by law are a sufficient basis for
classification in the schedule of charges. The schedule of charges
may also provide that separate and additional charges may be
charged for special treatments, drugs, medical service, appliances,
and other auxiliary services that are not included in the classification
of care.
(c) This section is the exclusive basis of determining the charges
to be made to patients and residents of a county home and the
provisions of any other laws regarding those rates, including laws
concerning county institutions, relief of poor persons, township
trustees, county offices of the division of family resources, and
boards of commissioners, do not apply. However, a rate established
under this section must be based on a fair and reasonable estimate of
the cost of the care and may not anticipate any profit from rendering
the care. As added by P.L.2-1992, SEC.24. Amended by P.L.4-1993, SEC.226;
P.L.5-1993, SEC.239; P.L.145-2006, SEC.129.
IC 12-30-3-19 Money for operation and maintenance of county homes
Sec. 19. Money for the operation and maintenance of the county
home, the care and support of patients and residents in the county
home, and improvements and activities authorized by this chapter
and laws supplementary to this chapter shall be provided, levied,
appropriated, made available, and expended as provided by law. As added by P.L.2-1992, SEC.24.
IC 12-30-3-20 Employment of residents or patients
Sec. 20. Able-bodied residents or ambulatory patients within their
physical and mental capacity may be employed on a voluntary basis
by the county home superintendent with the approval of the county
home board, on the terms for board, maintenance, and compensation
that are mutually acceptable. Upon being employed under this
section, a resident or patient shall be given the privileges, duties, and
status of a county home employee. As added by P.L.2-1992, SEC.24.
IC 12-30-3-21 County home board; power to sue and be sued
Sec. 21. The county home board, in its legal capacity and under
its own name, may prosecute and defend suits. A suit brought against
the county home board may be begun in the circuit or superior court
or any other court with jurisdiction in the county. A notice or
summons concerning a suit against the county home board must be
served upon the county home superintendent. In a suit brought by or
against the county home board, it is not necessary to name the
individual members of the county home board as either plaintiff or
defendant. The county home board may sue or be sued under the
name of " _____________ County Home Board". As added by P.L.2-1992, SEC.24.
IC 12-30-3-22 County home board; rights and powers
Sec. 22. The board has all other rights and powers and shall
perform all other duties that are:
(1) necessary to administer this chapter; and
(2) not inconsistent with this chapter. As added by P.L.2-1992, SEC.24.
IC 12-30-3-23 Gifts, devises, and bequests; investment; special fund; expenditures
Sec. 23. (a) The county home board may receive and administer
any gift, devise, or bequest of personal property, including the
income from real property, to or for the benefit of the county home
or for the benefit of residents or patients who are admitted to the care
or supervision of the county home board. The county home board
may invest or reinvest any of the money received under this section
in the same kinds of securities in which life insurance companies are
authorized by law to invest money.
(b) All money received by the county home board under this
section and all money, proceeds, or income realized from real
property or other investments:
(1) shall be kept in a special fund;
(2) may not be commingled with any other fund received from
taxation; and
(3) may be expended by the county home board in any manner
consistent with the purposes of the fund's creation and the
intention of the donor, subject to the approval of the court of the
county having probate jurisdiction. As added by P.L.2-1992, SEC.24. IC 12-30-3-24 Bond and liability insurance premiums
Sec. 24. The premiums on all bonds and liability insurance that an
officer or a person is required by this chapter to execute by law or by
action of the county home board shall be paid in the same manner as
other expenses of the county home are paid out of the appropriation
for fixed charges, unless otherwise expressly provided by law. As added by P.L.2-1992, SEC.24.
IC 12-30-3-25 Immunity from personal liability
Sec. 25. The:
(1) members of the county home board;
(2) the county home superintendent; and
(3) officers and employees of the county home;
are not personally liable, except to the state or the county, for an
official act done or omitted in connection with the performance of
duties established under this chapter. As added by P.L.2-1992, SEC.24.
IC 12-30-3-26 Administration of oaths and affirmations
Sec. 26. An officer or employee of the county home may, upon
written authorization by the county home board, administer the oaths
and affirmations required to carry out the purposes of this chapter. As added by P.L.2-1992, SEC.24.
IC 12-30-3-27 Nepotism
Sec. 27. Nepotism may not be permitted in appointments and
employment in the county home, so far as prohibited by law. As added by P.L.2-1992, SEC.24.
IC 12-30-3-28 Purpose of chapter
Sec. 28. The purpose of this chapter is to provide necessary and
prompt assistance and care without stigma to the citizens and
residents of Indiana who are entitled to avail themselves of this
chapter's provisions, especially those having little or no resources
and low income persons or the homeless or unattached or those
requiring care and support or nursing beyond the capacity of the
family home in situations not requiring hospitalization or other
medical treatment or care in other state and county institutions. This
chapter shall be liberally construed so that its purposes may be
accomplished as equitably, economically, and expeditiously as
possible. As added by P.L.2-1992, SEC.24.
IC 12-30-3
Chapter 3. County Homes in Certain Counties
IC 12-30-3-1 Application of chapter
Sec. 1. This chapter applies to a county having a population of
more than two hundred thirty-five thousand (235,000). As added by P.L.2-1992, SEC.24.
IC 12-30-3-2 Establishment of homes
Sec. 2. (a) The board of commissioners may establish, construct,
purchase, lease, convert, or accept and maintain a county home for
the support and care of individuals within at least one (1) of the
following categories:
(1) The aged.
(2) The blind.
(3) The destitute.
(4) The homeless.
(5) The infirm or chronically ill.
(6) Individuals who need nursing or convalescent care, but not
hospitalization, within the available facilities of the county
home.
(b) The board of commissioners may use or convert:
(1) the county infirmary;
(2) the county home;
(3) the county farm; or
(4) any other facilities belonging to or received by the county
by donation, gift, devise, purchase, lease, or otherwise;
for the purposes set forth in subsection (a). As added by P.L.2-1992, SEC.24.
IC 12-30-3-3 County home board; membership; qualifications; term of office;
vacancies
Sec. 3. (a) A county home board is created in each county that
maintains a county home under this chapter.
(b) The county home board consists of seven (7) members who
must be residents of the county. The county home board shall be
appointed by the board of commissioners, with consent of the county
council. The members shall be appointed without regard to political
affiliation, except that not more than four (4) members may belong
to the same political party.
(c) Each member shall be appointed on the basis of the member's
recognized interests in and demonstrated knowledge of the problems
of the county home and the proper care and treatment of the county
home's patients and residents.
(d) All appointments are for terms of four (4) years and begin on
the January 1 immediately after the expiration of the previous term
of appointment. A member serves until the member's successor has
been appointed and qualified.
(e) A vacancy occurring for any cause in the membership of the
county home board shall be filled for the unexpired term by the
board of commissioners. The board of commissioners shall make
appointments promptly as far as feasible so that the full membership
of the county home board shall be appointed and maintained. As added by P.L.2-1992, SEC.24.
IC 12-30-3-4 County home board; members; mileage payments; per diem
Sec. 4. (a) The members of the county home board serve without
salary, but are entitled to receive for each mile actually and
necessarily traveled:
(1) within the county in going to and from officially called
meetings of the county home board; and
(2) within Indiana in going to and from meetings of the county
home board officially called by the division of family resources;
an amount for mileage at a rate determined by the county fiscal body.
(b) A member not holding other lucrative elective or appointive
office may receive a per diem allowance of not more than
twenty-five dollars ($25) for attendance at any regularly called
meeting of the county home board. Per diem allowances may not
exceed twenty-five dollars ($25) to any one (1) member in a calendar
month and may be paid only if the amount has been made available
by appropriation. As added by P.L.2-1992, SEC.24. Amended by P.L.10-1997, SEC.17;
P.L.145-2006, SEC.128.
IC 12-30-3-5 County home board; meetings; quorum
Sec. 5. (a) The county home board shall hold one (1) regular
meeting each month and the called meetings prescribed by the rules
of the county home board. The regular meeting shall be held at the
county home unless the county home board decides to hold the
meeting elsewhere for some specific reason. The May meeting is the
annual meeting.
(b) Four (4) members of the county home board constitute a
quorum for the transaction of business. At the annual meeting, the
county home board shall elect a president and a vice president for a
term of one (1) year. The president and vice president serve until a
successor is elected. As added by P.L.2-1992, SEC.24.
IC 12-30-3-6 County home board; official seal; minute book
Sec. 6. The county home board shall adopt and use an official seal
for the authentication of the county home board's orders and records
and shall cause the county home board's proceeding to be duly
recorded in an official minute book maintained by the secretary of
the county home board.
As added by P.L.2-1992, SEC.24.
IC 12-30-3-7 County home superintendent; appointment; qualifications;
removal
Sec. 7. (a) The county home board shall, with the advice and
approval of the board of commissioners, appoint a county home
superintendent.
(b) The county home superintendent shall be appointed solely on
the basis of merit and fitness for the position and without regard to
the appointee's political affiliation. The county home superintendent
must:
(1) be a citizen of the United States;
(2) be of good executive ability;
(3) be qualified as an institutional administrative officer;
(4) be a reputable citizen of good moral character; and
(5) have had the proper experience and training to manage
efficiently the county home and to supervise or provide
necessary and proper care and treatment for the county home's
patients and residents.
(c) The county home superintendent may be removed from office
only for cause, on charges of inefficiency or another proper charge,
after a hearing before the county home board. As added by P.L.2-1992, SEC.24.
IC 12-30-3-8 County home superintendent; duties; compensation; mileage
payments; oath; bond
Sec. 8. (a) The county home superintendent:
(1) is the executive and administrative officer of the county
home;
(2) serves as the secretary of the county home board but is not
a voting member of the county home board; and
(3) shall perform all duties and functions of county home
superintendent as provided by law under the direction and
supervision of the county home board.
(b) A county home superintendent is entitled to compensation as
fixed by the county home board within the lawfully established
appropriations, which shall be paid monthly in the same manner as
the compensation of the county officers as provided by law.
(c) In addition to the compensation referred to in subsection (b),
the county home superintendent may receive for each mile actually
and necessarily traveled an amount for mileage at a rate determined
by the county fiscal body.
(d) Before entering upon the duties of the superintendent's office,
the county home superintendent:
(1) shall take the oath of office required by law; and
(2) may, in the manner prescribed by IC 5-4-1, be required to
execute a surety bond conditioned on the faithful performance
of the superintendent's duties.
As added by P.L.2-1992, SEC.24. Amended by P.L.10-1997, SEC.18.
IC 12-30-3-9 County home board; policies, rules, and regulations for
government of home; discharge by county home superintendent of
administrative duties
Sec. 9. (a) The county home board shall adopt all policies, rules,
and regulations for the government of the county home.
(b) The county home superintendent shall discharge all
administrative and executive duties and responsibilities of the county
home, subject to the approval of the county home board. As added by P.L.2-1992, SEC.24.
IC 12-30-3-10 County home board; duties
Sec. 10. The county home board shall do the following:
(1) Fix the salaries of the officers and employees of the county
home within the lawfully established appropriations.
(2) Supervise the maintenance, operation, and services of the
county home.
(3) Supervise and safeguard the health, safety, welfare, and
comfort of the patients and residents of the county home.
(4) Review and approve the annual budget of the county home
for submission as provided by law.
(5) Adopt rules and regulations for admissions to the county
home as provided by law, subject to the approval of the board
of commissioners.
(6) Recommend to the board of commissioners necessary
additions, repairs, and improvements to the buildings, grounds,
and physical plant of the county home.
(7) Review quarterly and annual estimates and requests for
food, supplies, and equipment for the county home.
(8) Plan for the requirements of the county home and interpret
those requirements to the board of commissioners and the
county council.
(9) Cooperate with the county hospital authorities and other
public and private agencies and facilities of the county and
state.
(10) Improve and extend the services and facilities of the county
home as found necessary or desirable, especially nursing
services for the aged, blind, infirm, and chronically ill, and
those in need of nursing and convalescent care. As added by P.L.2-1992, SEC.24.
IC 12-30-3-11 County home board; development plan; cooperation with other
agencies
Sec. 11. The county home board shall plan for the effective
development of the county home for the public benefit and shall be
empowered to cooperate with all agencies of government to
accomplish this purpose. As added by P.L.2-1992, SEC.24.
IC 12-30-3-12 County home board; inspection of facilities
Sec. 12. The county home board shall regularly inspect all
facilities of the county home. In the inspections, the board shall
examine the following:
(1) The sufficiency and performance of the personnel.
(2) The health, medical care, and nursing care of patients and
residents.
(3) Drug handling.
(4) Mechanical restraint and seclusion.
(5) Food service and food sanitation.
(6) Water supply.
(7) Sanitation and sewage disposal.
(8) Physical plant and equipment.
(9) Safety standards.
(10) Community life and occupational therapy for patients and
residents.
(11) Handling of mail and assistance warrants of patients and
residents.
(12) Admission of patients and residents on a voluntary basis.
(13) Records and reports.
(14) Working and living arrangements for staff personnel.
(15) Other items the inspection of which is provided by law or
determined to be necessary or advisable by the county home
board. As added by P.L.2-1992, SEC.24.
IC 12-30-3-13 County home superintendent; assistants; appointment;
qualifications; compensation; dismissal
Sec. 13. (a) The county home superintendent shall, with the
approval of the county home board, appoint as many assistants as the
superintendent and the county home board determine to be necessary
to do the following:
(1) Administer the activities and services of the county home.
(2) Provide proper and adequate care for patients and residents.
(3) Perform all other duties required of the county.
(b) Assistants must be appointed under this section solely on the
basis of qualification and training for the duties assigned and without
regard to political affiliation.
(c) The county home superintendent shall, with the approval of
the county home board, fix the compensation of the assistants
appointed under this section within the lawfully established
appropriations.
(d) Assistants appointed under this section may be dismissed only
for cause by the county home superintendent with the approval of the
county home board. An assistant dismissed under this subsection has
the right to a hearing before the county home board if requested
within ten (10) days after the effective date of dismissal. As added by P.L.2-1992, SEC.24.
IC 12-30-3-14 Admission of patients and residents; recipients of old age
assistance and blind assistance
Sec. 14. (a) Admission of all patients and residents to the county
home must be on a voluntary basis and without regard to race,
religion, color, sex, national origin, or ancestry.
(b) Recipients of old age assistance and blind assistance shall be
admitted to the county home on the same basis and for the same
charge as other patients and residents in the county home. There may
be no discrimination in the care and treatment of patients and
residents of the county home because of the source of the money for
the support and care of the patients and residents. As added by P.L.2-1992, SEC.24.
IC 12-30-3-15 Hospitalization or medical care needed by patient or resident
Sec. 15. Whenever a patient or resident in the county home
requires hospitalization, medical nursing, or other care beyond the
facilities of the county home, arrangements shall be made promptly
for furnishing that necessary care. As added by P.L.2-1992, SEC.24.
IC 12-30-3-16 Participation in work of farm or home; community life; special
privileges; selfemployment
Sec. 16. (a) Participation by residents or patients in the work of
the farm or home, other than care of person and simple duties such
as care of bed and room, shall be on a voluntary basis.
(b) Effort shall be made to provide community life and
opportunities for such activities, along the line of occupational
therapy, under the direction of a physician, as are consistent with the
mental and physical well-being of the residents or patients.
(c) Special privileges, duties, or responsibilities may not be
extended to one (1) resident or patient unless made available to every
resident or patient within the patient's own mental or physical
limitations.
(d) Opportunity shall be developed for self employment and
personal earnings in connection with hobbies and abilities within
reasonable limits for the well-being of residents and patients. As added by P.L.2-1992, SEC.24.
IC 12-30-3-17 Counties not having consolidated cities; charges for care and
maintenance of patients and residents
Sec. 17. (a) This section applies to a county that does not have a
consolidated city.
(b) The amount to be charged for the care and maintenance of
each patient or resident in the county home shall be fixed as provided
by law and may not exceed the maximum amount established by law. As added by P.L.2-1992, SEC.24.
IC 12-30-3-18 Counties having consolidated cities; schedule of charges for care
and maintenance of patients and residents
Sec. 18. (a) This section applies to a county having a consolidated
city.
(b) The county home board shall fix a schedule of charges for the
care and maintenance of patients or residents and the effective date
of the schedule. A schedule of charges established under this section
is not effective until after the charges have been approved by
resolution of the city-county council. In establishing the schedule of
charges, the county home board may fix different rates based on
different types or classes of care. If the home is licensed under state
or federal laws that authorize or fix different classes of care, those
classifications authorized or fixed by law are a sufficient basis for
classification in the schedule of charges. The schedule of charges
may also provide that separate and additional charges may be
charged for special treatments, drugs, medical service, appliances,
and other auxiliary services that are not included in the classification
of care.
(c) This section is the exclusive basis of determining the charges
to be made to patients and residents of a county home and the
provisions of any other laws regarding those rates, including laws
concerning county institutions, relief of poor persons, township
trustees, county offices of the division of family resources, and
boards of commissioners, do not apply. However, a rate established
under this section must be based on a fair and reasonable estimate of
the cost of the care and may not anticipate any profit from rendering
the care. As added by P.L.2-1992, SEC.24. Amended by P.L.4-1993, SEC.226;
P.L.5-1993, SEC.239; P.L.145-2006, SEC.129.
IC 12-30-3-19 Money for operation and maintenance of county homes
Sec. 19. Money for the operation and maintenance of the county
home, the care and support of patients and residents in the county
home, and improvements and activities authorized by this chapter
and laws supplementary to this chapter shall be provided, levied,
appropriated, made available, and expended as provided by law. As added by P.L.2-1992, SEC.24.
IC 12-30-3-20 Employment of residents or patients
Sec. 20. Able-bodied residents or ambulatory patients within their
physical and mental capacity may be employed on a voluntary basis
by the county home superintendent with the approval of the county
home board, on the terms for board, maintenance, and compensation
that are mutually acceptable. Upon being employed under this
section, a resident or patient shall be given the privileges, duties, and
status of a county home employee. As added by P.L.2-1992, SEC.24.
IC 12-30-3-21 County home board; power to sue and be sued
Sec. 21. The county home board, in its legal capacity and under
its own name, may prosecute and defend suits. A suit brought against
the county home board may be begun in the circuit or superior court
or any other court with jurisdiction in the county. A notice or
summons concerning a suit against the county home board must be
served upon the county home superintendent. In a suit brought by or
against the county home board, it is not necessary to name the
individual members of the county home board as either plaintiff or
defendant. The county home board may sue or be sued under the
name of " _____________ County Home Board". As added by P.L.2-1992, SEC.24.
IC 12-30-3-22 County home board; rights and powers
Sec. 22. The board has all other rights and powers and shall
perform all other duties that are:
(1) necessary to administer this chapter; and
(2) not inconsistent with this chapter. As added by P.L.2-1992, SEC.24.
IC 12-30-3-23 Gifts, devises, and bequests; investment; special fund; expenditures
Sec. 23. (a) The county home board may receive and administer
any gift, devise, or bequest of personal property, including the
income from real property, to or for the benefit of the county home
or for the benefit of residents or patients who are admitted to the care
or supervision of the county home board. The county home board
may invest or reinvest any of the money received under this section
in the same kinds of securities in which life insurance companies are
authorized by law to invest money.
(b) All money received by the county home board under this
section and all money, proceeds, or income realized from real
property or other investments:
(1) shall be kept in a special fund;
(2) may not be commingled with any other fund received from
taxation; and
(3) may be expended by the county home board in any manner
consistent with the purposes of the fund's creation and the
intention of the donor, subject to the approval of the court of the
county having probate jurisdiction. As added by P.L.2-1992, SEC.24. IC 12-30-3-24 Bond and liability insurance premiums
Sec. 24. The premiums on all bonds and liability insurance that an
officer or a person is required by this chapter to execute by law or by
action of the county home board shall be paid in the same manner as
other expenses of the county home are paid out of the appropriation
for fixed charges, unless otherwise expressly provided by law. As added by P.L.2-1992, SEC.24.
IC 12-30-3-25 Immunity from personal liability
Sec. 25. The:
(1) members of the county home board;
(2) the county home superintendent; and
(3) officers and employees of the county home;
are not personally liable, except to the state or the county, for an
official act done or omitted in connection with the performance of
duties established under this chapter. As added by P.L.2-1992, SEC.24.
IC 12-30-3-26 Administration of oaths and affirmations
Sec. 26. An officer or employee of the county home may, upon
written authorization by the county home board, administer the oaths
and affirmations required to carry out the purposes of this chapter. As added by P.L.2-1992, SEC.24.
IC 12-30-3-27 Nepotism
Sec. 27. Nepotism may not be permitted in appointments and
employment in the county home, so far as prohibited by law. As added by P.L.2-1992, SEC.24.
IC 12-30-3-28 Purpose of chapter
Sec. 28. The purpose of this chapter is to provide necessary and
prompt assistance and care without stigma to the citizens and
residents of Indiana who are entitled to avail themselves of this
chapter's provisions, especially those having little or no resources
and low income persons or the homeless or unattached or those
requiring care and support or nursing beyond the capacity of the
family home in situations not requiring hospitalization or other
medical treatment or care in other state and county institutions. This
chapter shall be liberally construed so that its purposes may be
accomplished as equitably, economically, and expeditiously as
possible. As added by P.L.2-1992, SEC.24.
IC 12-30-3
Chapter 3. County Homes in Certain Counties
IC 12-30-3-1 Application of chapter
Sec. 1. This chapter applies to a county having a population of
more than two hundred thirty-five thousand (235,000). As added by P.L.2-1992, SEC.24.
IC 12-30-3-2 Establishment of homes
Sec. 2. (a) The board of commissioners may establish, construct,
purchase, lease, convert, or accept and maintain a county home for
the support and care of individuals within at least one (1) of the
following categories:
(1) The aged.
(2) The blind.
(3) The destitute.
(4) The homeless.
(5) The infirm or chronically ill.
(6) Individuals who need nursing or convalescent care, but not
hospitalization, within the available facilities of the county
home.
(b) The board of commissioners may use or convert:
(1) the county infirmary;
(2) the county home;
(3) the county farm; or
(4) any other facilities belonging to or received by the county
by donation, gift, devise, purchase, lease, or otherwise;
for the purposes set forth in subsection (a). As added by P.L.2-1992, SEC.24.
IC 12-30-3-3 County home board; membership; qualifications; term of office;
vacancies
Sec. 3. (a) A county home board is created in each county that
maintains a county home under this chapter.
(b) The county home board consists of seven (7) members who
must be residents of the county. The county home board shall be
appointed by the board of commissioners, with consent of the county
council. The members shall be appointed without regard to political
affiliation, except that not more than four (4) members may belong
to the same political party.
(c) Each member shall be appointed on the basis of the member's
recognized interests in and demonstrated knowledge of the problems
of the county home and the proper care and treatment of the county
home's patients and residents.
(d) All appointments are for terms of four (4) years and begin on
the January 1 immediately after the expiration of the previous term
of appointment. A member serves until the member's successor has
been appointed and qualified.
(e) A vacancy occurring for any cause in the membership of the
county home board shall be filled for the unexpired term by the
board of commissioners. The board of commissioners shall make
appointments promptly as far as feasible so that the full membership
of the county home board shall be appointed and maintained. As added by P.L.2-1992, SEC.24.
IC 12-30-3-4 County home board; members; mileage payments; per diem
Sec. 4. (a) The members of the county home board serve without
salary, but are entitled to receive for each mile actually and
necessarily traveled:
(1) within the county in going to and from officially called
meetings of the county home board; and
(2) within Indiana in going to and from meetings of the county
home board officially called by the division of family resources;
an amount for mileage at a rate determined by the county fiscal body.
(b) A member not holding other lucrative elective or appointive
office may receive a per diem allowance of not more than
twenty-five dollars ($25) for attendance at any regularly called
meeting of the county home board. Per diem allowances may not
exceed twenty-five dollars ($25) to any one (1) member in a calendar
month and may be paid only if the amount has been made available
by appropriation. As added by P.L.2-1992, SEC.24. Amended by P.L.10-1997, SEC.17;
P.L.145-2006, SEC.128.
IC 12-30-3-5 County home board; meetings; quorum
Sec. 5. (a) The county home board shall hold one (1) regular
meeting each month and the called meetings prescribed by the rules
of the county home board. The regular meeting shall be held at the
county home unless the county home board decides to hold the
meeting elsewhere for some specific reason. The May meeting is the
annual meeting.
(b) Four (4) members of the county home board constitute a
quorum for the transaction of business. At the annual meeting, the
county home board shall elect a president and a vice president for a
term of one (1) year. The president and vice president serve until a
successor is elected. As added by P.L.2-1992, SEC.24.
IC 12-30-3-6 County home board; official seal; minute book
Sec. 6. The county home board shall adopt and use an official seal
for the authentication of the county home board's orders and records
and shall cause the county home board's proceeding to be duly
recorded in an official minute book maintained by the secretary of
the county home board.
As added by P.L.2-1992, SEC.24.
IC 12-30-3-7 County home superintendent; appointment; qualifications;
removal
Sec. 7. (a) The county home board shall, with the advice and
approval of the board of commissioners, appoint a county home
superintendent.
(b) The county home superintendent shall be appointed solely on
the basis of merit and fitness for the position and without regard to
the appointee's political affiliation. The county home superintendent
must:
(1) be a citizen of the United States;
(2) be of good executive ability;
(3) be qualified as an institutional administrative officer;
(4) be a reputable citizen of good moral character; and
(5) have had the proper experience and training to manage
efficiently the county home and to supervise or provide
necessary and proper care and treatment for the county home's
patients and residents.
(c) The county home superintendent may be removed from office
only for cause, on charges of inefficiency or another proper charge,
after a hearing before the county home board. As added by P.L.2-1992, SEC.24.
IC 12-30-3-8 County home superintendent; duties; compensation; mileage
payments; oath; bond
Sec. 8. (a) The county home superintendent:
(1) is the executive and administrative officer of the county
home;
(2) serves as the secretary of the county home board but is not
a voting member of the county home board; and
(3) shall perform all duties and functions of county home
superintendent as provided by law under the direction and
supervision of the county home board.
(b) A county home superintendent is entitled to compensation as
fixed by the county home board within the lawfully established
appropriations, which shall be paid monthly in the same manner as
the compensation of the county officers as provided by law.
(c) In addition to the compensation referred to in subsection (b),
the county home superintendent may receive for each mile actually
and necessarily traveled an amount for mileage at a rate determined
by the county fiscal body.
(d) Before entering upon the duties of the superintendent's office,
the county home superintendent:
(1) shall take the oath of office required by law; and
(2) may, in the manner prescribed by IC 5-4-1, be required to
execute a surety bond conditioned on the faithful performance
of the superintendent's duties.
As added by P.L.2-1992, SEC.24. Amended by P.L.10-1997, SEC.18.
IC 12-30-3-9 County home board; policies, rules, and regulations for
government of home; discharge by county home superintendent of
administrative duties
Sec. 9. (a) The county home board shall adopt all policies, rules,
and regulations for the government of the county home.
(b) The county home superintendent shall discharge all
administrative and executive duties and responsibilities of the county
home, subject to the approval of the county home board. As added by P.L.2-1992, SEC.24.
IC 12-30-3-10 County home board; duties
Sec. 10. The county home board shall do the following:
(1) Fix the salaries of the officers and employees of the county
home within the lawfully established appropriations.
(2) Supervise the maintenance, operation, and services of the
county home.
(3) Supervise and safeguard the health, safety, welfare, and
comfort of the patients and residents of the county home.
(4) Review and approve the annual budget of the county home
for submission as provided by law.
(5) Adopt rules and regulations for admissions to the county
home as provided by law, subject to the approval of the board
of commissioners.
(6) Recommend to the board of commissioners necessary
additions, repairs, and improvements to the buildings, grounds,
and physical plant of the county home.
(7) Review quarterly and annual estimates and requests for
food, supplies, and equipment for the county home.
(8) Plan for the requirements of the county home and interpret
those requirements to the board of commissioners and the
county council.
(9) Cooperate with the county hospital authorities and other
public and private agencies and facilities of the county and
state.
(10) Improve and extend the services and facilities of the county
home as found necessary or desirable, especially nursing
services for the aged, blind, infirm, and chronically ill, and
those in need of nursing and convalescent care. As added by P.L.2-1992, SEC.24.
IC 12-30-3-11 County home board; development plan; cooperation with other
agencies
Sec. 11. The county home board shall plan for the effective
development of the county home for the public benefit and shall be
empowered to cooperate with all agencies of government to
accomplish this purpose. As added by P.L.2-1992, SEC.24.
IC 12-30-3-12 County home board; inspection of facilities
Sec. 12. The county home board shall regularly inspect all
facilities of the county home. In the inspections, the board shall
examine the following:
(1) The sufficiency and performance of the personnel.
(2) The health, medical care, and nursing care of patients and
residents.
(3) Drug handling.
(4) Mechanical restraint and seclusion.
(5) Food service and food sanitation.
(6) Water supply.
(7) Sanitation and sewage disposal.
(8) Physical plant and equipment.
(9) Safety standards.
(10) Community life and occupational therapy for patients and
residents.
(11) Handling of mail and assistance warrants of patients and
residents.
(12) Admission of patients and residents on a voluntary basis.
(13) Records and reports.
(14) Working and living arrangements for staff personnel.
(15) Other items the inspection of which is provided by law or
determined to be necessary or advisable by the county home
board. As added by P.L.2-1992, SEC.24.
IC 12-30-3-13 County home superintendent; assistants; appointment;
qualifications; compensation; dismissal
Sec. 13. (a) The county home superintendent shall, with the
approval of the county home board, appoint as many assistants as the
superintendent and the county home board determine to be necessary
to do the following:
(1) Administer the activities and services of the county home.
(2) Provide proper and adequate care for patients and residents.
(3) Perform all other duties required of the county.
(b) Assistants must be appointed under this section solely on the
basis of qualification and training for the duties assigned and without
regard to political affiliation.
(c) The county home superintendent shall, with the approval of
the county home board, fix the compensation of the assistants
appointed under this section within the lawfully established
appropriations.
(d) Assistants appointed under this section may be dismissed only
for cause by the county home superintendent with the approval of the
county home board. An assistant dismissed under this subsection has
the right to a hearing before the county home board if requested
within ten (10) days after the effective date of dismissal. As added by P.L.2-1992, SEC.24.
IC 12-30-3-14 Admission of patients and residents; recipients of old age
assistance and blind assistance
Sec. 14. (a) Admission of all patients and residents to the county
home must be on a voluntary basis and without regard to race,
religion, color, sex, national origin, or ancestry.
(b) Recipients of old age assistance and blind assistance shall be
admitted to the county home on the same basis and for the same
charge as other patients and residents in the county home. There may
be no discrimination in the care and treatment of patients and
residents of the county home because of the source of the money for
the support and care of the patients and residents. As added by P.L.2-1992, SEC.24.
IC 12-30-3-15 Hospitalization or medical care needed by patient or resident
Sec. 15. Whenever a patient or resident in the county home
requires hospitalization, medical nursing, or other care beyond the
facilities of the county home, arrangements shall be made promptly
for furnishing that necessary care. As added by P.L.2-1992, SEC.24.
IC 12-30-3-16 Participation in work of farm or home; community life; special
privileges; selfemployment
Sec. 16. (a) Participation by residents or patients in the work of
the farm or home, other than care of person and simple duties such
as care of bed and room, shall be on a voluntary basis.
(b) Effort shall be made to provide community life and
opportunities for such activities, along the line of occupational
therapy, under the direction of a physician, as are consistent with the
mental and physical well-being of the residents or patients.
(c) Special privileges, duties, or responsibilities may not be
extended to one (1) resident or patient unless made available to every
resident or patient within the patient's own mental or physical
limitations.
(d) Opportunity shall be developed for self employment and
personal earnings in connection with hobbies and abilities within
reasonable limits for the well-being of residents and patients. As added by P.L.2-1992, SEC.24.
IC 12-30-3-17 Counties not having consolidated cities; charges for care and
maintenance of patients and residents
Sec. 17. (a) This section applies to a county that does not have a
consolidated city.
(b) The amount to be charged for the care and maintenance of
each patient or resident in the county home shall be fixed as provided
by law and may not exceed the maximum amount established by law. As added by P.L.2-1992, SEC.24.
IC 12-30-3-18 Counties having consolidated cities; schedule of charges for care
and maintenance of patients and residents
Sec. 18. (a) This section applies to a county having a consolidated
city.
(b) The county home board shall fix a schedule of charges for the
care and maintenance of patients or residents and the effective date
of the schedule. A schedule of charges established under this section
is not effective until after the charges have been approved by
resolution of the city-county council. In establishing the schedule of
charges, the county home board may fix different rates based on
different types or classes of care. If the home is licensed under state
or federal laws that authorize or fix different classes of care, those
classifications authorized or fixed by law are a sufficient basis for
classification in the schedule of charges. The schedule of charges
may also provide that separate and additional charges may be
charged for special treatments, drugs, medical service, appliances,
and other auxiliary services that are not included in the classification
of care.
(c) This section is the exclusive basis of determining the charges
to be made to patients and residents of a county home and the
provisions of any other laws regarding those rates, including laws
concerning county institutions, relief of poor persons, township
trustees, county offices of the division of family resources, and
boards of commissioners, do not apply. However, a rate established
under this section must be based on a fair and reasonable estimate of
the cost of the care and may not anticipate any profit from rendering
the care. As added by P.L.2-1992, SEC.24. Amended by P.L.4-1993, SEC.226;
P.L.5-1993, SEC.239; P.L.145-2006, SEC.129.
IC 12-30-3-19 Money for operation and maintenance of county homes
Sec. 19. Money for the operation and maintenance of the county
home, the care and support of patients and residents in the county
home, and improvements and activities authorized by this chapter
and laws supplementary to this chapter shall be provided, levied,
appropriated, made available, and expended as provided by law. As added by P.L.2-1992, SEC.24.
IC 12-30-3-20 Employment of residents or patients
Sec. 20. Able-bodied residents or ambulatory patients within their
physical and mental capacity may be employed on a voluntary basis
by the county home superintendent with the approval of the county
home board, on the terms for board, maintenance, and compensation
that are mutually acceptable. Upon being employed under this
section, a resident or patient shall be given the privileges, duties, and
status of a county home employee. As added by P.L.2-1992, SEC.24.
IC 12-30-3-21 County home board; power to sue and be sued
Sec. 21. The county home board, in its legal capacity and under
its own name, may prosecute and defend suits. A suit brought against
the county home board may be begun in the circuit or superior court
or any other court with jurisdiction in the county. A notice or
summons concerning a suit against the county home board must be
served upon the county home superintendent. In a suit brought by or
against the county home board, it is not necessary to name the
individual members of the county home board as either plaintiff or
defendant. The county home board may sue or be sued under the
name of " _____________ County Home Board". As added by P.L.2-1992, SEC.24.
IC 12-30-3-22 County home board; rights and powers
Sec. 22. The board has all other rights and powers and shall
perform all other duties that are:
(1) necessary to administer this chapter; and
(2) not inconsistent with this chapter. As added by P.L.2-1992, SEC.24.
IC 12-30-3-23 Gifts, devises, and bequests; investment; special fund; expenditures
Sec. 23. (a) The county home board may receive and administer
any gift, devise, or bequest of personal property, including the
income from real property, to or for the benefit of the county home
or for the benefit of residents or patients who are admitted to the care
or supervision of the county home board. The county home board
may invest or reinvest any of the money received under this section
in the same kinds of securities in which life insurance companies are
authorized by law to invest money.
(b) All money received by the county home board under this
section and all money, proceeds, or income realized from real
property or other investments:
(1) shall be kept in a special fund;
(2) may not be commingled with any other fund received from
taxation; and
(3) may be expended by the county home board in any manner
consistent with the purposes of the fund's creation and the
intention of the donor, subject to the approval of the court of the
county having probate jurisdiction. As added by P.L.2-1992, SEC.24. IC 12-30-3-24 Bond and liability insurance premiums
Sec. 24. The premiums on all bonds and liability insurance that an
officer or a person is required by this chapter to execute by law or by
action of the county home board shall be paid in the same manner as
other expenses of the county home are paid out of the appropriation
for fixed charges, unless otherwise expressly provided by law. As added by P.L.2-1992, SEC.24.
IC 12-30-3-25 Immunity from personal liability
Sec. 25. The:
(1) members of the county home board;
(2) the county home superintendent; and
(3) officers and employees of the county home;
are not personally liable, except to the state or the county, for an
official act done or omitted in connection with the performance of
duties established under this chapter. As added by P.L.2-1992, SEC.24.
IC 12-30-3-26 Administration of oaths and affirmations
Sec. 26. An officer or employee of the county home may, upon
written authorization by the county home board, administer the oaths
and affirmations required to carry out the purposes of this chapter. As added by P.L.2-1992, SEC.24.
IC 12-30-3-27 Nepotism
Sec. 27. Nepotism may not be permitted in appointments and
employment in the county home, so far as prohibited by law. As added by P.L.2-1992, SEC.24.
IC 12-30-3-28 Purpose of chapter
Sec. 28. The purpose of this chapter is to provide necessary and
prompt assistance and care without stigma to the citizens and
residents of Indiana who are entitled to avail themselves of this
chapter's provisions, especially those having little or no resources
and low income persons or the homeless or unattached or those
requiring care and support or nursing beyond the capacity of the
family home in situations not requiring hospitalization or other
medical treatment or care in other state and county institutions. This
chapter shall be liberally construed so that its purposes may be
accomplished as equitably, economically, and expeditiously as
possible. As added by P.L.2-1992, SEC.24.
