CHAPTER 1. RESPITE CARE FOR PERSONS WITH MENTAL ILLNESS

IC 12-22
    ARTICLE 22. SERVICES FOR PERSONS WITH MENTAL ILLNESS

IC 12-22-1
     Chapter 1. Respite Care for Persons With Mental Illness

IC 12-22-1-1
Respite care defined
    
Sec. 1. As used in this chapter, "respite care" means temporary institutional or noninstitutional care:
        (1) for an individual with a mental illness who:
            (A) lives at home; and
            (B) is cared for by the individual's family or other caretaker; and
        (2) that is provided because the family or caretaker is temporarily unable or unavailable to provide needed care.
As added by P.L.2-1992, SEC.16. Amended by P.L.99-2007, SEC.104.

IC 12-22-1-2
Program for respite care; authorization
    
Sec. 2. The division may institute a program of respite care for individuals with a mental illness. The program may include the following:
        (1) Training of private individuals to enable the individuals to provide respite care in the individuals' own homes or in the homes of individuals with a mental illness.
        (2) Certifying residential facilities such as group homes, health facilities (as defined in IC 16-18-2-167), community residential facilities licensed under IC 12-28-5, and other private homes as suitable for providing respite care under this chapter.
        (3) Contracting for the provision of respite care.
        (4) Working with other state and local agencies to develop a coordinated program that serves the respite care needs of individuals with a mental illness throughout Indiana.
As added by P.L.2-1992, SEC.16. Amended by P.L.2-1993, SEC.112; P.L.99-2007, SEC.105.

IC 12-22-1-3
Requests for assistance in obtaining respite care; assistance in making arrangements; placement in state institution
    
Sec. 3. (a) If:
        (1) a parent or guardian of an individual with a mental illness requests the division to assist the parent or guardian in obtaining respite care for the individual with a mental illness; and
        (2) the individual has been cared for in the home of the individual's parent or guardian for the preceding three (3) months; the division shall determine if there is a person who can provide appropriate respite care for the individual or a residential facility that has the staff and bed space and can provide the services the individual needs during the period of respite care. If the division determines that such a person or facility exists, the division shall inform the parent or guardian and, if needed, shall provide assistance to the parent or guardian in making the arrangements for respite care.
    (b) If:
        (1) the division determines that such a person or residential facility does not exist or if the parent or guardian does not want to use the services identified by the division; and
        (2) an appropriate state institution is located in the geographic area of the individual with a mental illness;
the division may place the individual with a mental illness in a state institution.
As added by P.L.2-1992, SEC.16. Amended by P.L.99-2007, SEC.106.

IC 12-22-1-4
Respite care provided by state institutions; grounds for not accepting individuals; placement acceptance or rejection by parent or guardian
    
Sec. 4. (a) Each state institution administered by the division shall provide respite care.
    (b) A state institution administered by the division is not required to accept an individual with a mental illness for respite care if the superintendent determines that:
        (1) there is insufficient money, staff, or bed space; or
        (2) the state institution is incapable of providing the services that the individual needs during the individual's stay.
    (c) The parent or guardian of an individual with a mental illness may accept or reject a suggested placement under this section.
As added by P.L.2-1992, SEC.16. Amended by P.L.99-2007, SEC.107.

IC 12-22-1-5
Costs of care; subsidy
    
Sec. 5. The division may subsidize a part of the reasonable costs of respite care provided under section 3(a) of this chapter if the following conditions exist:
        (1) The individual with a mental illness is not eligible under the Medicaid program.
        (2) The division does not subsidize any part of the costs of more than twenty (20) days of respite care provided to an individual in a calendar year.
As added by P.L.2-1992, SEC.16. Amended by P.L.99-2007, SEC.108.

IC 12-22-1-6
Rules      Sec. 6. The director may adopt rules under IC 4-22-2 to implement this chapter.
As added by P.L.2-1992, SEC.16.