CHAPTER 5. ADMISSION TO STATE INSTITUTIONS
IC 12-24-5
Chapter 5. Admission to State Institutions
IC 12-24-5-1
"Resident" defined
Sec. 1. As used in this chapter, "resident" refers to an individual
who has lived continuously in Indiana during the previous year.
As added by P.L.2-1992, SEC.18.
IC 12-24-5-2
Determination of residence; requirements
Sec. 2. For purposes of determining the residence of an individual
under this chapter, the following apply:
(1) If the individual spent any time in a public or private
hospital or institution, the individual is not considered to have
lived in Indiana continuously during that period.
(2) If the individual has been a resident of a state that does not
have a reciprocal agreement with Indiana, the residence
requirements for the individual to gain admission to a state
institution may not be less than the requirements for residence
in the state of the former residence of the individual.
As added by P.L.2-1992, SEC.18.
IC 12-24-5-3
Care and maintenance; residents
Sec. 3. A resident is entitled to care and maintenance in a state
institution if the resident is legally admitted to the state institution.
As added by P.L.2-1992, SEC.18.
IC 12-24-5-4
Nonresidents; factors
Sec. 4. The director may authorize the admission of an individual
who is not a resident to a state institution if, in the judgment of the
director:
(1) it cannot be determined if the individual is a resident; or
(2) the circumstances of the case constitute sufficient reason to
admit the individual.
As added by P.L.2-1992, SEC.18.
IC 12-24-5-5
Deportation of escapee from institution of another state
Sec. 5. The director may order the deportation of an individual
found in Indiana who has escaped from an institution of another state
even if an application to admit the individual to a state institution has
not been made.
As added by P.L.2-1992, SEC.18.
IC 12-24-5-6
Report of nonresident patient to director; investigation; return to
place of residence; certification of impracticability
Sec. 6. (a) The superintendent of a state institution shall notify the
director if there is a patient in the state institution who the
superintendent believes is not a resident.
(b) If the director receives a report under subsection (a), the
director or the director's designee shall investigate whether the
patient is a resident.
(c) Except as provided in subsection (e), if the director determines
that the patient was not a resident at the time of admission to the
state institution, the division shall return the patient to the patient's
place of residence.
(d) If the director determines it is impractical to return the patient
to the patient's place of residence, the director shall certify that fact
in writing.
(e) If the director makes a certification under subsection (d), the
patient is considered a resident of the county in which the patient
resided for the longest time during the year immediately preceding
the patient's admission to the state institution.
As added by P.L.2-1992, SEC.18.
IC 12-24-5-7
Interstate agreements concerning return of individuals to state of
residence
Sec. 7. The director may enter into agreements with authorities of
another state that enacts legislation consistent with this chapter for
the following:
(1) The arbitration of disputed questions between the other state
and Indiana concerning the residence of individuals.
(2) The return of the individuals to their place of residence.
As added by P.L.2-1992, SEC.18.
IC 12-24-5-8
Return of resident; consent
Sec. 8. The director may consent to the return to Indiana of an
individual who is a resident.
As added by P.L.2-1992, SEC.18.
IC 12-24-5-9
Designation of state institution to receive returnees; care
Sec. 9. The director shall designate a state institution to do the
following:
(1) Receive individuals returned to Indiana under this chapter.
(2) Provide care for those individuals until committed to the
proper state institution.
As added by P.L.2-1992, SEC.18.
IC 12-24-5-10
Deportation expense; payment
Sec. 10. The actual necessary expense incurred in deporting an
individual under this chapter shall be paid from the state general fund
upon a verified claim made by the director or the director's designee.
As added by P.L.2-1992, SEC.18.