CHAPTER 4. INDIANA SOLDIERS' AND SAILORS' CHILDREN'S HOME
IC 16-33-4
Chapter 4. Indiana Soldiers' and Sailors' Children's Home
IC 16-33-4-1
Armed forces of the United States defined
Sec. 1. As used in this chapter, "armed forces of the United
States" means the forces and components of the Army, Navy, Air
Force, Marine Corps, and Coast Guard.
As added by P.L.2-1993, SEC.16.
IC 16-33-4-2
County of residence of the child defined
Sec. 2. As used in this chapter, the "county of residence of the
child":
(1) is the county of residence of the responsible parent; or
(2) if there is no responsible parent, is the county within which
the guardianship or wardship is established by appointment of
the court.
As added by P.L.2-1993, SEC.16.
IC 16-33-4-3
Home defined
Sec. 3. As used in this chapter, "home" refers to the Indiana
Soldiers' and Sailors' Children's Home established by this chapter.
As added by P.L.2-1993, SEC.16.
IC 16-33-4-4
Member of the armed forces defined
Sec. 4. As used in this chapter, "member of the armed forces"
means a person who:
(1) is on active duty in the armed forces of the United States;
(2) has:
(A) served on active duty in the armed forces of the United
States during any of its wars, including the Korean War, for
not less than ninety (90) days; or
(B) while on active duty in the armed forces of the United
States:
(i) suffered a service connected disability necessitating
discharge; or
(ii) died in the line of duty;
before the completion of ninety (90) days of service if the
person has received a discharge or certificate of service other
than dishonorable from the armed forces of the United
States, or the survivors of the person have received a letter
of mourning or certificate of death in case of death in the
armed forces of the United States; or
(3) has:
(A) served on active duty in any of the authorized campaigns
or declared emergencies of the United States as evidenced
by an award of authorized decorations for service outside the
continental limits; and
(B) received a discharge other than dishonorable, or the
survivors of the person have received a letter of mourning or
certificate of death in the case of death in the armed forces.
As added by P.L.2-1993, SEC.16.
IC 16-33-4-5
Establishment
Sec. 5. The Indiana Soldiers' and Sailors' Children's Home is
established as a state residential school and home for the care of
Indiana children who are in need of residential care and would
qualify for educational service. Preference shall be given to the
admission of children of members of the armed forces and children
of families of veterans who meet these admission criteria. A child
who requires residential placement in a secure facility (as defined in
IC 31-9-2-114), a juvenile detention facility, or a detention center for
the safety of the child or others may not be placed at the home.
As added by P.L.2-1993, SEC.16. Amended by P.L.142-1995,
SEC.16; P.L.55-1997, SEC.7.
IC 16-33-4-6
Administration
Sec. 6. The state department shall administer the home. The state
health commissioner has administrative control and responsibility for
the home.
As added by P.L.2-1993, SEC.16.
IC 16-33-4-7
Superintendent; appointment; qualifications
Sec. 7. (a) Except as provided in subsection (b), the
superintendent of the home shall be appointed in the manner
prescribed by law and must meet all of the following conditions:
(1) Be a teacher licensed by the state or have at least a
baccalaureate degree from an accredited college or university
in a field related to education or child growth and development.
(2) Have experience working with children.
(3) At the time of appointment, be a resident and citizen of
Indiana.
(4) Have other qualifications as required by the state health
commissioner.
(b) When at least two (2) candidates meet the conditions listed in
subsection (a), the state health commissioner shall give preference to
individuals who have been honorably discharged after service in the
armed forces of the United States in appointing a candidate to the
position of superintendent of the home.
As added by P.L.2-1993, SEC.16. Amended by P.L.105-2002, SEC.1.
IC 16-33-4-8
Superintendent; powers and duties
Sec. 8. The superintendent of the home, subject to the approval of
the state health commissioner:
(1) has charge and management of the home;
(2) shall direct the care, education, and maintenance of the
children of the home; and
(3) is the chief appointing authority for all employees necessary
to properly conduct and operate the home.
As added by P.L.2-1993, SEC.16.
IC 16-33-4-9
Education or training of children of home; requirements
Sec. 9. (a) The children of the home shall be:
(1) taught and treated in a manner that promotes the children's
physical, intellectual, and moral improvement; and
(2) trained in habits of industry, studiousness, and morality.
(b) The superintendent of the home:
(1) shall afford to the children of the home literary, art,
technical, and industrial education as can reasonably be
provided;
(2) may conduct a school at the home, which must be
accredited, or may otherwise arrange for the education of the
children in county reorganized schools near the institution; and
(3) shall make certain that a child attending a county school
receives instruction that is not inferior in any respect to the
curriculum offered in a school possessing a first class
commission from the state.
(c) If a school is maintained at the home, the superintendent shall
do the following:
(1) Cause to be provided the proper educational materials for
use in the school.
(2) Employ the necessary teachers.
(d) A person who teaches in a department of the school must be
qualified and properly certified by the Indiana state board of
education.
As added by P.L.2-1993, SEC.16.
IC 16-33-4-10
Vocational school; establishment and maintenance on grounds of
home; financing
Sec. 10. (a) The superintendent shall establish and maintain a
vocational school on the grounds of the home and maintain suitable
facilities in which vocational trades and arts are taught.
(b) The superintendent may utilize donated money or state money
without limitation to finance vocational construction projects that
are:
(1) authorized by the budget agency; and
(2) in accordance with designs approved by the public works
division of the Indiana department of administration.
As added by P.L.2-1993, SEC.16. Amended by P.L.142-1995,
SEC.17.
IC 16-33-4-11
Admission of children as residents of home; requirements
Sec. 11. (a) After an adequate investigation as determined by the
superintendent of the home or the superintendent's designee,
including consideration of appropriateness of placement, and with
the approval of the state health commissioner or the commissioner's
designee, the superintendent of the home shall receive as a resident
in the home a child if the child meets the requirements under
subsection (b).
(b) Before the child may be received as a resident in the home
under subsection (a) the child must meet the following requirements:
(1) The parent or parents of the child are Indiana residents
immediately before application or the child is physically present
in Indiana immediately before application.
(2) The child is at least three (3) years of age but less than
eighteen (18) years of age.
(3) The child is in need of residential care and education.
(c) If the applications of all children of members of the armed
forces have been considered and space is available, the
superintendent of the home may, if a child meets the requirements
under subsection (b), receive as residents in the home the:
(1) grandchildren;
(2) stepchildren;
(3) brothers;
(4) sisters;
(5) nephews; and
(6) nieces;
of members of the armed forces who are in need of residential care
and education.
(d) If the applications of all children eligible for residence under
subsections (a) through (c) have been considered and if space is
available, the superintendent may accept for residence children
referred:
(1) by the department of child services established by
IC 31-25-1-1; or
(2) by the division of special education established by
IC 20-35-2-1;
subject to an adequate investigation as determined by the
superintendent of the home or the superintendent's designee,
including a consideration of appropriateness of placement, and the
approval of the state health commissioner or the commissioner's
designee.
As added by P.L.2-1993, SEC.16. Amended by P.L.142-1995,
SEC.18; P.L.55-1997, SEC.8; P.L.253-1997(ss), SEC.18;
P.L.105-2002, SEC.2; P.L.1-2005, SEC.147; P.L.145-2006,
SEC.136; P.L.1-2007, SEC.135.
IC 16-33-4-12
Application for admission to home; requisites
Sec. 12. (a) An application for admission to the home may be
made by a responsible parent, a guardian, a representative of the
court, or the department of child services.
(b) If an application is submitted by a person other than a
responsible parent or guardian, the superintendent of the home shall
cooperate with the department of child services to ensure that an
appropriate case study is made upon application and continued
throughout the period the child resides at the home.
As added by P.L.2-1993, SEC.16. Amended by P.L.4-1993, SEC.237;
P.L.5-1993, SEC.250; P.L.142-1995, SEC.19; P.L.145-2006,
SEC.137; P.L.146-2008, SEC.437.
IC 16-33-4-13
Care, control, and training of children; responsibilities
Sec. 13. (a) The superintendent is responsible for the care,
control, and training of children admitted to and living in the home
from the day a child is admitted to the home until the child is:
(1) eighteen (18) years of age; or
(2) discharged from the home.
(b) The superintendent shall make certain in the case of every
child in the home that:
(1) there is a responsible parent;
(2) there is a responsible relative; or
(3) if a responsible parent or relative is not available, the child
is a ward of the department of child services from which there
is a representative;
who is regularly and frequently concerned with the welfare of the
child.
(c) If:
(1) the parent or parents have been deprived of the custody and
control of a child by order of the court; and
(2) custody has been given by the court to the department of
child services;
the wardship shall be retained by the department of child services.
As added by P.L.2-1993, SEC.16. Amended by P.L.4-1993, SEC.238;
P.L.5-1993, SEC.251; P.L.146-2008, SEC.438.
IC 16-33-4-14
Placement of child upon admission; removal or discharge of child
Sec. 14. (a) Either parent, a guardian, a relative, or the department
of child services applying for the admission of a child to the home
shall, in securing admittance of the child, place the child in the home
for the length of time determined to be in the best interests of the
child.
(b) A child shall be returned at any time to the:
(1) parent or parents;
(2) relative; or
(3) department of child services that placed the child in the
home;
if removal of the child from the home is applied for upon written
application. The superintendent may require not more than thirty (30)
days notice when a discharge is requested.
(c) If the superintendent finds that a child does not adjust to
institutional living or is not educable, the superintendent:
(1) may:
(A) with the approval of the state health commissioner; and
(B) upon proper notification;
discharge the child to the applicant placing the child in the
home; and
(2) shall cooperate with the department of child services for
further disposition of the case as necessary.
As added by P.L.2-1993, SEC.16. Amended by P.L.4-1993, SEC.239;
P.L.5-1993, SEC.252; P.L.142-1995, SEC.20; P.L.146-2008,
SEC.439.
IC 16-33-4-15
Removal or other placement of child; approval
Sec. 15. A child admitted to the home may not be permanently
removed from the home and placed elsewhere without the express
approval of the:
(1) parent or parents who;
(2) guardian who;
(3) relative who; or
(4) department of child services that;
applied for admission of the child to the home.
As added by P.L.2-1993, SEC.16. Amended by P.L.4-1993, SEC.240;
P.L.5-1993, SEC.253; P.L.142-1995, SEC.21; P.L.146-2008,
SEC.440.
IC 16-33-4-16
Visitation
Sec. 16. Either parent, a guardian, a relative, a representative of
the department of child services, or other person approved by the
superintendent may visit a child being maintained in the home at
times or places the superintendent prescribes.
As added by P.L.2-1993, SEC.16. Amended by P.L.4-1993, SEC.241;
P.L.5-1993, SEC.254; P.L.142-1995, SEC.22; P.L.146-2008,
SEC.441.
IC 16-33-4-17
Maintenance charges; liability for payment; procedures
Sec. 17. (a) Each child, the estate of the child, the parent or
parents of the child, or the guardian of the child, individually or
collectively, are liable for the payment of the costs of maintenance
of the child of up to one hundred percent (100%) of the per capita
cost, except as otherwise provided. The cost shall be computed
annually by dividing the total annual cost of operation for the fiscal
year, exclusive of the cost of education programs, construction, and
equipment, by the total child days each year. The maintenance cost
shall be referred to as maintenance charges. The charge may not be
levied against any of the following:
(1) The department of child services.
(2) A county or any person or office, to be derived from county
tax sources.
(3) A child orphaned by reason of the death of the natural
parents.
(b) The billing and collection of the maintenance charges as
provided for in subsection (a) shall be made by the superintendent of
the home based on the per capita cost for the preceding fiscal year.
All money collected shall be deposited in a fund to be known as the
Indiana soldiers' and sailors' children's home maintenance fund. The
fund shall be used by the state health commissioner for the:
(1) preventative maintenance; and
(2) repair and rehabilitation;
of buildings of the home that are used for housing, food service, or
education of the children of the home.
(c) The superintendent of the home may, with the approval of the
state health commissioner, agree to accept payment at a lesser rate
than that prescribed in subsection (a). The superintendent of the
home shall, in determining whether or not to accept the lesser
amount, take into consideration the amount of money that is
necessary to maintain or support any member of the family of the
child. All agreements to accept a lesser amount are subject to
cancellation or modification at any time by the superintendent of the
home with the approval of the state health commissioner.
(d) A person who has been issued a statement of amounts due as
maintenance charges may petition the superintendent of the home for
a release from or modification of the statement and the
superintendent shall provide for hearings to be held on the petition.
The superintendent of the home may, with the approval of the state
health commissioner and after the hearing, cancel or modify the
former statement and at any time for due cause may increase the
amounts due for maintenance charges to an amount not to exceed the
maximum cost as determined under subsection (a).
(e) The superintendent of the home may arrange for the
establishment of a graduation or discharge trust account for a child
by arranging to accept a lesser rate of maintenance charge. The trust
fund must be of sufficient size to provide for immediate expenses
upon graduation or discharge.
(f) The superintendent may make agreements with
instrumentalities of the federal government for application of any
monetary awards to be applied toward the maintenance charges in a
manner that provides a sufficient amount of the periodic award to be
deposited in the child's trust account to meet the immediate personal
needs of the child and to provide a suitable graduation or discharge
allowance. The amount applied toward the settlement of maintenance
charges may not exceed the amount specified in subsection (a).
(g) The superintendent of the home may do the following:
(1) Investigate, either with the superintendent's own staff or on
a contractual or other basis, the financial condition of each
person liable under this chapter.
(2) Make determinations of the ability of:
(A) the estate of the child;
(B) the legal guardian of the child; or
(C) each of the responsible parents of the child;
to pay maintenance charges.
(3) Set a standard as a basis of judgment of ability to pay that
shall be recomputed periodically to do the following:
(A) Reflect changes in the cost of living and other pertinent
factors.
(B) Provide for unusual and exceptional circumstances in the
application of the standard.
(4) Issue to any person liable under this chapter statements of
amounts due as maintenance charges, requiring the person to
pay monthly, quarterly, or otherwise as may be arranged, an
amount not exceeding the maximum cost as determined under
this chapter.
As added by P.L.2-1993, SEC.16. Amended by P.L.4-1993, SEC.242;
P.L.5-1993, SEC.255; P.L.142-1995, SEC.23; P.L.145-2006,
SEC.138; P.L.146-2008, SEC.442.
IC 16-33-4-17.5
Reimbursement for costs of services ordered by juvenile court;
nonresident child
Sec. 17.5. (a) In the case of a child who is:
(1) adjudicated to be a delinquent child or child in need of
services by a juvenile court; and
(2) placed by or with the consent of the department of child
services in the home;
the department of child services shall reimburse the cost of services
provided to the child, including related transportation costs, and any
cost incurred by a county where the home is located to transport or
detain the child before the child is adjudicated to be a delinquent
child or child in need of services.
(b) The department of child services shall reimburse and pay costs
under this section.
(c) The department of child services may require the parent or
guardian of the child, other than a parent, guardian, or custodian
associated with the home, to reimburse the department for an amount
paid under this section.
(d) A child who is admitted to the home does not become a
resident of the county where the home is located.
(e) When an unemancipated child is released from the home, the
department of child services is responsible for transporting the child
to the parent or guardian of the child. If a parent or guardian does not
exist for an unemancipated child released from the home, the
department of child services shall obtain custody of the child.
As added by P.L.55-1997, SEC.9. Amended by P.L.146-2008,
SEC.443.
IC 16-33-4-18
Maintenance charges and agreements; enforcement
Sec. 18. (a) The attorney general shall, upon notification by the
superintendent of the home through the state health commissioner,
bring suit in the name of the state of Indiana on behalf of the
superintendent of the home against the estate of a person failing to
make payments as required in this chapter.
(b) If a judgment is obtained under this section, the judgment
constitutes a lien against that part of the estate of a person as
described in the complaint.
(c) The attorney general may bring suit against the parent or
parents or legal guardian of a child for failure to comply with the
maintenance agreement established or for failure to make an
agreement. Suit may be brought for the amount due the state for the
maintenance charges of the child. The court may order the payment
of amounts due for maintenance charges for a period of time as the
circumstances require. The order may be entered against any or all
of the defendants and may be based upon the proportionate ability of
each defendant to contribute to the payment of amounts representing
maintenance charges. Orders for the payment of money may be
enforced by attachment as in contempt proceedings against the
persons of the defendants, and in addition as other judgments at law,
and costs may be adjudged against and apportioned among the
defendants.
As added by P.L.2-1993, SEC.16.
IC 16-33-4-19
Maintenance of home and grounds; cultivation of connected lands;
assistance of children
Sec. 19. (a) The superintendent shall do the following:
(1) Cause the grounds of the home to be:
(A) kept in proper order; and
(B) ornamented with trees, shrubs, and flowers.
(2) Provide and maintain conservatories or greenhouses.
(b) The superintendent:
(1) may have any suitable land connected with the home
cultivated for the use and benefit of the home; and
(2) shall have the children in the home assist in the work.
As added by P.L.2-1993, SEC.16.
IC 16-33-4-20
Housekeeping, manufacturing and repair of clothing, and other
necessary services; assistance of children
Sec. 20. The superintendent shall have the children in the home
assist in the following:
(1) Housekeeping services of the home.
(2) Manufacture and repair of the clothing of children.
(3) The provision of services necessary for the home.
As added by P.L.2-1993, SEC.16.
IC 16-33-4-21
Labor, service, and study prescribed for children; consideration
given proper education and training of children
Sec. 21. In prescribing labor, service, and study for the children
of the home, the superintendent shall consider the proper education
and training of the children.
As added by P.L.2-1993, SEC.16.
IC 16-33-4-22
Gifts, legacies, devises, and conveyances
Sec. 22. The superintendent may, subject to IC 4-24-3-2, receive
for the use of the home:
(1) gifts;
(2) legacies;
(3) devises; and
(4) conveyances of real and personal property;
that are made, given, or granted to or for the home or in the name of
the home.
As added by P.L.2-1993, SEC.16.
IC 16-33-4-23
Employee wage payment arrangements
Sec. 23. (a) Notwithstanding IC 22-2-5-2, the home and:
(1) an employee if there is no representative described under
subdivision (2) or (3) for that employee;
(2) the exclusive representative of its certificated employees
with respect to those employees; or
(3) a labor organization representing its noncertificated
employees with respect to those employees;
may agree in writing to a wage payment arrangement.
(b) A wage payment arrangement under subsection (a) may
provide that compensation earned during a school year may be paid:
(1) using equal installments or any other method; and
(2) over:
(A) all or part of that school year; or
(B) any other period that begins not earlier than the first day
of that school year and ends not later than thirteen (13)
months after the wage payment arrangement period begins.
Such an arrangement may provide that compensation earned in a
calendar year is paid in the next calendar year, so long as all the
compensation is paid within the thirteen (13) month period beginning
with the first day of the school year.
(c) A wage payment arrangement under subsection (a) must be
structured in such a manner so that it is not considered:
(1) a nonqualified deferred compensation plan for purposes of
Section 409A of the Internal Revenue Code; or
(2) deferred compensation for purposes of Section 457(f) of the
Internal Revenue Code.
(d) Absent an agreement under subsection (a), the home remains
subject to IC 22-2-5-1.
(e) Wage payments required under a wage payment arrangement
entered into under subsection (a) are enforceable under IC 22-2-5-2.
(f) If an employee leaves employment for any reason, either
permanently or temporarily, the amount due the employee under
IC 22-2-5-1 and IC 22-2-9-2 is the total amount of the wages earned
and unpaid.
(g) Employment with the home may not be conditioned upon the
acceptance of a wage payment arrangement under subsection (a).
(h) An employee may revoke a wage payment arrangement under
subsection (a) at the beginning of each school year.
As added by P.L.41-2009, SEC.3.