CHAPTER 2. MANAGEMENT AND STAFFING OF COUNTY HOMES
IC 12-30-2
Chapter 2. Management and Staffing of County Homes
IC 12-30-2-1
Superintendent; term of office; removal
Sec. 1. The board of commissioners of each county shall appoint
a superintendent of the county home. The superintendent serves for
four (4) years from March 1, unless removed for cause under section
5 of this chapter.
As added by P.L.2-1992, SEC.24.
IC 12-30-2-2
Superintendent; qualifications
Sec. 2. In appointing a superintendent of the county home, the
commissioners shall select a reputable citizen of good moral
character, kind and humane disposition, and good executive ability,
who has had a good education. No consideration other than
character, competence, and fitness may be allowed to actuate the
commissioners in selecting, continuing, or discharging a
superintendent or other officer.
As added by P.L.2-1992, SEC.24.
IC 12-30-2-3
Superintendent; nepotism
Sec. 3. A relative of a member of the board of commissioners may
not be appointed superintendent or employed in any capacity. A
relative of the superintendent, except the spouse as assistant, may not
be employed in any capacity with the home except by the consent of
the board of commissioners.
As added by P.L.2-1992, SEC.24.
IC 12-30-2-4
Superintendent; bond
Sec. 4. Each superintendent of a county home established and
operated under this chapter may, in the manner prescribed by
IC 5-4-1, be required to give bond, conditioned upon the faithful
discharge of the superintendent's duty.
As added by P.L.2-1992, SEC.24.
IC 12-30-2-5
Superintendent; removal for cause; record; appeal
Sec. 5. The board of commissioners of a county may remove the
superintendent of the county home from office at any time, but only
for cause, which must be entered in the record book of the board of
commissioners. A superintendent removed from office under this
section may appeal the removal action to the circuit court of the
county within ten (10) days in the same manner as other appeals are
taken from actions of the board of commissioners.
As added by P.L.2-1992, SEC.24.
IC 12-30-2-6
Superintendent; salary; quarters and board
Sec. 6. Each superintendent appointed under this chapter is
entitled to an annual salary, in addition to quarters and board for the
superintendent and family in the county home, in an amount fixed by
the board of commissioners.
As added by P.L.2-1992, SEC.24.
IC 12-30-2-7
Management rules; employees; number and compensation
Sec. 7. The board of commissioners of each county shall prescribe
rules necessary for the management of the county home. With the
advice and assistance of the superintendent of the county home, the
board of commissioners shall regulate the number and fix the
compensation of the assistants, nurses, attendants, farmers,
seamstresses, laborers, and other employees needed for the care and
control of the home.
As added by P.L.2-1992, SEC.24.
IC 12-30-2-8
Inspections; report
Sec. 8. (a) The board of commissioners shall, as a board, visit and
inspect the county home at least one (1) time in every three (3)
months and enter a report of the board of commissioners' inspection,
stating needs and conditions of the institution in the records of the
board of commissioners. The report shall be signed by each member
of the board of commissioners.
(b) The members of a board of commissioners that has established
a county home under this chapter shall, in person, annually inspect
the county home with regard to the fitness of the county home in all
respects for the object for which the county home was established.
As added by P.L.2-1992, SEC.24.
IC 12-30-2-9
Employees; appointment; removal; qualifications
Sec. 9. (a) The superintendent of a county home shall appoint the
assistants, nurses, farmers, laborers, and other employees needed for
the work of the home.
(b) The superintendent may at any time remove and dismiss an
officer or employee appointed by the superintendent. The
superintendent shall report the removal in writing to the board of
commissioners at the next regular meeting.
(c) The superintendent of a county home shall promptly remove
an officer or employee who is guilty of drunkenness, profane or
abusive language in the presence of the residents, cruelty to the
residents, lewdness, or any other offense against Indiana law or
against public decency.
(d) The superintendent may not consider political, family, or any
other improper influence in appointing or dismissing a subordinate
officer or an employee. Considerations of character, merit, and
competence are the only reasons for appointment or dismissal.
As added by P.L.2-1992, SEC.24.
IC 12-30-2-10
Management of home; best interests of county; labor by residents;
excuse from labor; dismissal for refusing labor
Sec. 10. (a) The superintendent of the county home shall manage
the county home and its farm to the best interests of the county.
(b) The superintendent shall maintain order and discipline and
shall assign a reasonable amount of labor to every resident who is
able to perform labor. A resident may not be excused from labor
except by the superintendent or by the county physician for cause.
The excuse of a resident by the physician shall be for a definite time,
except in the case of:
(1) residents at least seventy (70) years of age; or
(2) residents suffering from a physical or mental disability that
makes the residents unfit for labor;
to whom a permanent excuse may be given by the physician.
(c) A resident who refuses to perform the task assigned by the
superintendent may be dismissed from the county home by the
superintendent and can only be readmitted within six (6) weeks after
dismissal:
(1) with the consent of the superintendent; or
(2) upon an order that is issued by the township trustee as the
administrator of township assistance and endorsed by the
chairman of the board of commissioners.
As added by P.L.2-1992, SEC.24. Amended by P.L.73-2005,
SEC.155.
IC 12-30-2-11
Rules prescribed by the board of commissioners; suggestions made
by division; reports
Sec. 11. The superintendent of a county home shall carefully
observe the rules prescribed by the board of commissioners and shall
be guided by suggestions that are made by the division of family
resources and the county office. The superintendent shall make
reports to the board of commissioners when the board of
commissioners orders and shall make reports to the division of
family resources when directed by the division.
As added by P.L.2-1992, SEC.24. Amended by P.L.4-1993, SEC.225;
P.L.5-1993, SEC.238; P.L.145-2006, SEC.127.
IC 12-30-2-12
Biannual report to board of commissioners; contents
Sec. 12. The superintendent shall make to the board of
commissioners a detailed biannual report in writing of the following:
(1) The time and manner of the admission of each indigent
individual.
(2) The health and fitness for labor of each resident.
(3) The value of the labor contributed by the residents of the
county home.
(4) The expense incurred in the operation of the county home.
As added by P.L.2-1992, SEC.24.
IC 12-30-2-13
Excess produce; sales; proceeds; deposits; reports
Sec. 13. (a) If there is produce of the county farm that is not
needed for the subsistence of the residents, the superintendent shall
report that fact to the board of commissioners. The board of
commissioners may order the superintendent to sell the surplus
produce in the manner and at the time as to produce the best return
of money to the county.
(b) The superintendent shall, after making a sale of surplus
produce under this section, collect the money and deposit the money
with the county treasurer, who shall give the superintendent a receipt
for the amount. The superintendent shall immediately thereafter
report the transaction to the county auditor, file with the auditor the
treasurer's receipt for the money, and take a quietus from the auditor
for the money.
(c) All transactions regarding the sale of surplus products from the
county farm shall be reported by the superintendent to the board of
commissioners in an open meeting. The following information about
the transactions shall be entered upon the board of commissioners'
record:
(1) The names of the purchasers.
(2) A description of the articles sold.
(3) The quantity of articles sold.
(4) The date of sale.
(5) The price received.
As added by P.L.2-1992, SEC.24.
IC 12-30-2-14
Payment of officers and employees; materials and supplies; specific
appropriations; void agreements
Sec. 14. (a) The authority of a county fiscal body under this
chapter to pay officers and employees of county homes and to pay
for materials and supplies for county homes is strictly limited to the
extent of specific appropriations of money made in advance by the
county fiscal body upon estimates furnished.
(b) An obligation or a liability may not be incurred by an officer
on behalf of the county unless the obligation or liability is within the
appropriation specifically made for the purpose.
(c) An undertaking or agreement contrary to this section is void,
and no action may be maintained against the county based upon the
undertaking or agreement.
As added by P.L.2-1992, SEC.24.
IC 12-30-2-15
Itemized statements of payments for medical services of county
home residents
Sec. 15. (a) Beginning on July 1, 2004, before the last day of each
month, the office of the secretary of family and social services, or the
office's designee, shall submit to a county home an itemized
statement of a payment for the medical services for a resident of the
county home during the previous calendar month, if a resident has
given written consent allowing the office to disclose the resident's
payment for medical services information to the county home.
(b) The office of the secretary of family and social services, or the
office's designee, shall include the following information in the
itemized statement:
(1) The patient's name.
(2) The service code for the service provider.
(3) The amount requested by the provider.
(4) The amount paid by the office.
(c) Before July 1, 2004, the office of the secretary of family and
social services, or the office's designee, shall maintain a county
home's itemized statements so as to allow a county home access to
the county home's statements through a secure connection over the
Internet.
As added by P.L.246-2003, SEC.1.