CHAPTER 22. MISCELLANEOUS PROVISIONS CONCERNING FAMILY ASSISTANCE
IC 12-14-22
Chapter 22. Miscellaneous Provisions Concerning Family
Assistance
IC 12-14-22-1
Authority to conduct examinations, issue subpoenas, and require
attendance of witnesses or production of books and records
Sec. 1. When enforcing a program administered by the county
office, the county office and the division may do the following:
(1) Conduct examinations.
(2) Subpoena witnesses.
(3) Require the attendance of witnesses and the production of
books, records, and papers at any reasonable place in the county
seat of the county in which the witness resides or the books,
records, or papers are located.
As added by P.L.2-1992, SEC.8. Amended by P.L.4-1993, SEC.99;
P.L.5-1993, SEC.112.
IC 12-14-22-2
Signing of subpoenas and subpoenas duces tecum
Sec. 2. A subpoena and subpoena duces tecum must be signed
either by the director of the division or a county office.
As added by P.L.2-1992, SEC.8. Amended by P.L.4-1993, SEC.100;
P.L.5-1993, SEC.113.
IC 12-14-22-3
Compelling obedience to subpoena or request for production;
requirements
Sec. 3. (a) The circuit or superior court or other court with
jurisdiction in the county shall compel obedience to a subpoena and
request for the production of books, records, and papers after the
requirements under subsection (b) have been satisfied.
(b) Requirements to compel information under subsection (a)
include the following:
(1) Written application by the officer or employee conducting
the examination.
(2) Ten (10) days notice.
(3) A showing of the probable materiality of the books, records,
and papers, or, for a witness, that the witness is believed to be
possessed of information material to the examination.
As added by P.L.2-1992, SEC.8.
IC 12-14-22-4
Making and keeping of records, accounts, and reports
Sec. 4. The county office shall make and keep records and
accounts and make reports concerning assistance under this article
that the division requires.
As added by P.L.2-1992, SEC.8. Amended by P.L.4-1993, SEC.101;
P.L.5-1993, SEC.114.
IC 12-14-22-5
Public inspection of claims for services; organization of records;
confidential records
Sec. 5. (a) A claim for services furnished recipients of old age
assistance or assistance to dependent children that is on file in the
county office shall be kept open to the public during regular office
hours for inspection, study, and securing data.
(b) The records shall be maintained in alphabetical order.
(c) This section may not be construed to include confidential
medical records, voter registration records under IC 12-14-1.5 or
IC 12-14-25, and other confidential records that are by law declared
to be confidential or privileged.
As added by P.L.2-1992, SEC.8. Amended by P.L.4-1993, SEC.102;
P.L.5-1993, SEC.115; P.L.12-1995, SEC.118.
IC 12-14-22-6
Furnishing of assistance recipient lists
Sec. 6. Each month the county office shall furnish each township
trustee in the county a list of all persons who are legal residents of
the township and who have been certified during the month to
receive an award of assistance under this article.
As added by P.L.2-1992, SEC.8. Amended by P.L.4-1993, SEC.103;
P.L.5-1993, SEC.116.
IC 12-14-22-7
Monthly schedule of payments made; filing; organization of
information; public inspection
Sec. 7. (a) A schedule of payments made to or for the benefit of
each recipient under this article shall be filed by the county office
each month with the county auditor and the prosecuting attorney.
(b) The schedule shall be kept open to the public at all times for
inspection, study, and securing data. The schedule must contain the
names and addresses, in alphabetical order, of all recipients of
benefits.
As added by P.L.2-1992, SEC.8. Amended by P.L.4-1993, SEC.104;
P.L.5-1993, SEC.117.
IC 12-14-22-8
Use of list; violations; notice
Sec. 8. (a) A person who solicits, discloses, receives, makes use
of, or authorizes, participates in, or acquiesces in the use of a list or
name kept under this chapter for commercial or political purposes
commits a Class B misdemeanor.
(b) The division shall notify the co-directors of the election
division if a violation of this section concerns confidential voter
registration records under IC 3-7-15.
As added by P.L.2-1992, SEC.8. Amended by P.L.12-1995, SEC.119;
P.L.2-1996, SEC.237; P.L.3-1997, SEC.433.
IC 12-14-22-9
Relief from liability of maintaining and supporting child or spouse
Sec. 9. This article does not relieve a person from the liability of
maintaining and supporting the person's child or spouse as provided
by law.
As added by P.L.2-1992, SEC.8.
IC 12-14-22-10
Recovery of assistance
Sec. 10. If the division or county office has reason to believe that
a spouse or parent is or was reasonably able to assist the recipient
during the period the recipient received assistance under this article,
the division or county office may bring suit during or after the
provision of assistance against the spouse or parent to recover the
amount of assistance paid under this article or the part that the
spouse or parent might reasonably have paid.
As added by P.L.2-1992, SEC.8. Amended by P.L.4-1993, SEC.105;
P.L.5-1993, SEC.118.
IC 12-14-22-11
Application for old age assistance or assistance as blind person;
county in which to be filed
Sec. 11. (a) Unless for good cause shown or otherwise ordered by
the division, an applicant for old age assistance or for assistance as
a blind person must file an application in the county in which the
applicant has resided continuously for one (1) full year during the
period of nine (9) years preceding the date on which the applicant
files an application.
(b) If the applicant has resided continuously for one (1) full year
in more than one (1) county during the preceding nine (9) years, the
applicant must file an application in the county in which the
applicant last resided a full year.
(c) If an applicant is living in an institution, private hospital,
health facility, or home for the aged, the application must be made to
the county in which the applicant last resided continuously for one
(1) year before the date the applicant entered the institution, private
hospital, health facility, or home for the aged. If the applicant is
eligible, assistance shall be awarded by that county.
(d) If the applicant has not resided continuously for one (1) full
year during the preceding nine (9) years in one (1) county, the
applicant must file an application in the county of residence at the
time of application.
As added by P.L.2-1992, SEC.8.
IC 12-14-22-12
Termination of Indiana residency; temporary absence
Sec. 12. An individual who has applied for or is receiving
assistance under this article and who moves out of and does not
reside in Indiana is ineligible to receive assistance in Indiana.
However, temporary absence from Indiana or the county, for a period
of time and for reasons that the division approves, does not interrupt
the residence of the recipient as prescribed in this article.
As added by P.L.2-1992, SEC.8.
IC 12-14-22-13
Repealed
(Repealed by P.L.109-1997, SEC.3.)