CHAPTER 2. DEFINITIONS
IC 12-7-2
Chapter 2. Definitions
IC 12-7-2-1
Repealed
(Repealed by P.L.145-2006, SEC.376.)
IC 12-7-2-1.3
Activities of daily living
Sec. 1.3. "Activities of daily living", for purposes of IC 12-10-10
and IC 12-10-11.5, has the meaning set forth in IC 12-10-10-1.5.
As added by P.L.150-1995, SEC.1. Amended by P.L.274-2003,
SEC.1.
IC 12-7-2-1.5
Administrator
Sec. 1.5. "Administrator", for purposes of:
(1) IC 12-10-15, has the meaning set forth in IC 12-10-15-1.5;
and
(2) IC 12-24-17, has the meaning set forth in IC 12-24-17-1.
As added by P.L.74-1992, SEC.2. Amended by P.L.184-2003, SEC.2.
IC 12-7-2-2
Adult protective services unit
Sec. 2. "Adult protective services unit", for purposes of
IC 12-10-3, has the meaning set forth in IC 12-10-3-1.
As added by P.L.2-1992, SEC.1.
IC 12-7-2-3
Advance
Sec. 3. "Advance", for purposes of IC 12-20-25-41, has the
meaning set forth in IC 12-20-25-41.
As added by P.L.2-1992, SEC.1.
IC 12-7-2-3.3
Advisory committee
Sec. 3.3. "Advisory committee", for purposes of IC 12-15-35-51,
has the meaning set forth in IC 12-15-35-51.
As added by P.L.36-2009, SEC.1.
IC 12-7-2-4
Advocacy
Sec. 4. "Advocacy", for purposes of IC 12-28-1, has the meaning
set forth in IC 12-28-1-2.
As added by P.L.2-1992, SEC.1.
IC 12-7-2-5
Advocate
Sec. 5. "Advocate", for purposes of IC 12-26, refers to a person
who:
(1) is a court appointed special advocate (as defined in
IC 31-9-2-28); or
(2) is a guardian ad litem (as defined in IC 31-9-2-50).
As added by P.L.2-1992, SEC.1. Amended by P.L.1-1997, SEC.48.
IC 12-7-2-6
AFDC
Sec. 6. "AFDC" refers to the Aid to Families with Dependent
Children program.
As added by P.L.2-1992, SEC.1.
IC 12-7-2-7
Affected agency
Sec. 7. "Affected agency", for purposes of IC 12-16-1, has the
meaning set forth in IC 12-16-1-1.
As added by P.L.2-1992, SEC.1.
IC 12-7-2-8
Aged
Sec. 8. "Aged", for purposes of IC 12-10-1 and IC 12-10-2, means
an individual who is at least sixty (60) years of age.
As added by P.L.2-1992, SEC.1.
IC 12-7-2-9
Agency
Sec. 9. "Agency" means the following:
(1) For purposes of IC 12-10-12, the meaning set forth in
IC 12-10-12-1.
(2) For purposes of IC 12-12.7-2, the meaning set forth in
IC 12-12.7-2-1.
As added by P.L.2-1992, SEC.1. Amended by P.L.21-1992, SEC.3;
P.L.93-2006, SEC.3.
IC 12-7-2-10
Alcohol abuse
Sec. 10. "Alcohol abuse", for purposes of IC 12-23, means
repeated episodes of intoxication or drinking which impair health or
interfere with an individual's effectiveness on the job, at home, in the
community, or operating a motor vehicle.
As added by P.L.2-1992, SEC.1.
IC 12-7-2-11
Alcohol abuser
Sec. 11. "Alcohol abuser", for purposes of IC 12-23, means an
individual who has had repeated episodes of intoxication or drinking
which impair the individual's health or interfere with the individual's
effectiveness on the job, at home, in the community, or in operating
a motor vehicle.
As added by P.L.2-1992, SEC.1.
IC 12-7-2-12
Alcohol and drug services program
Sec. 12. "Alcohol and drug services program", for purposes of
IC 12-23, means a service for a person:
(1) charged with or convicted of a misdemeanor or felony; or
(2) against whom a:
(A) complaint for an infraction is filed; or
(B) judgment for an infraction is entered;
which provides intervention, education, referral, treatment, or
rehabilitation, under the operation of a court or under private
contract.
As added by P.L.2-1992, SEC.1. Amended by P.L.168-2002, SEC.1;
P.L.80-2003, SEC.1.
IC 12-7-2-13
Alcoholic
Sec. 13. "Alcoholic", for purposes of IC 12-23, means an
individual who chronically and habitually uses alcoholic beverages
to the extent that the individual:
(1) loses the power of self control with respect to the use of
alcoholic beverages; and
(2) becomes a menace to the public morals, health, safety, or
welfare of the members of society in general.
As added by P.L.2-1992, SEC.1.
IC 12-7-2-14
Alcoholism
Sec. 14. "Alcoholism", for purposes of IC 12-23, means the
abnormal condition which the effect of alcohol produces in an
alcoholic.
As added by P.L.2-1992, SEC.1.
IC 12-7-2-14.3
Alzheimer's and dementia special care
Sec. 14.3. "Alzheimer's and dementia special care", for purposes
of IC 12-10-5.5, has the meaning set forth in IC 12-10-5.5-1.
As added by P.L.106-1997, SEC.1.
IC 12-7-2-14.7
Ancillary services
Sec. 14.7. "Ancillary services", for purposes of IC 12-10-17.1, has
the meaning set forth in IC 12-10-17.1-2.
As added by P.L.255-2001, SEC.1. Amended by P.L.141-2006,
SEC.11.
IC 12-7-2-15
Applicant
Sec. 15. "Applicant" means the following:
(1) For purposes of the following statutes, a person who has
applied for assistance for the applicant or another person under
any of the following statutes:
(A) IC 12-10-6.
(B) IC 12-10-12.
(C) IC 12-13.
(D) IC 12-14.
(E) IC 12-15.
(F) IC 12-19.
(2) For purposes of IC 12-17-12, the meaning set forth in
IC 12-17-12-1.
(3) For purposes of IC 12-17-13, the meaning set forth in
IC 12-17-13-1.
(4) For the purposes of IC 12-17.2, a person who seeks a license
to operate a child care center or child care home.
(5) For purposes of IC 31-27, a person who seeks a license to
operate a child caring institution, foster family home, group
home, or child placing agency.
As added by P.L.2-1992, SEC.1. Amended by P.L.20-1992, SEC.4;
P.L.81-1992, SEC.4; P.L.1-1993, SEC.68; P.L.61-1993, SEC.2;
P.L.272-1999, SEC.6; P.L.145-2006, SEC.32.
IC 12-7-2-15.5
Appropriate and medically necessary
Sec. 15.5. "Appropriate and medically necessary", for purposes of
IC 12-15-35, has the meaning set forth in IC 12-15-35-1.
As added by P.L.75-1992, SEC.1.
IC 12-7-2-16
Approved postsecondary educational institution
Sec. 16. "Approved postsecondary educational institution" has the
meaning set forth in IC 21-7-13-6(a).
As added by P.L.2-1992, SEC.1. Amended by P.L.2-2007, SEC.153.
IC 12-7-2-17
Asset disregard
Sec. 17. "Asset disregard", for purposes of IC 12-15-39.6, has the
meaning set forth in IC 12-15-39.6-10.
As added by P.L.2-1992, SEC.1. Amended by P.L.24-1997, SEC.5.
IC 12-7-2-18
Assistance
Sec. 18. "Assistance", for purposes of the following statutes,
means money or services regardless of the source, paid or furnished
under any of the following statutes:
(1) IC 12-10-6.
(2) IC 12-10-12.
(3) IC 12-13.
(4) IC 12-14.
(5) IC 12-15.
(6) IC 12-19.
As added by P.L.2-1992, SEC.1. Amended by P.L.272-1999, SEC.7;
P.L.145-2006, SEC.33.
IC 12-7-2-18.3
Attendant care services
Sec. 18.3. "Attendant care services", for purposes of
IC 12-10-17.1, has the meaning set forth in IC 12-10-17.1-3.
As added by P.L.255-2001, SEC.2. Amended by P.L.141-2006,
SEC.12.
IC 12-7-2-18.7
Automated teller machine
Sec. 18.7. "Automated teller machine", for purposes of
IC 12-13-14, has the meaning set forth in IC 12-13-14-1.
As added by P.L.257-1997(ss), SEC.2.
IC 12-7-2-19
Autism
Sec. 19. (a) "Autism", for purposes of IC 12-11-8, has the
meaning set forth in IC 12-11-8-1.
(b) "Autism", for purposes of IC 12-11-1.1-6 and IC 12-28-4-13,
refers to the characteristics of a neurological disorder that is
described in the Diagnostic and Statistical Manual of Mental
Disorders, Fourth Edition, Washington, American Psychiatric
Association, 1994, pages 70 and 71.
As added by P.L.2-1992, SEC.1. Amended by P.L.99-2007, SEC.41.
IC 12-7-2-20
Repealed
(Repealed by P.L.99-2007, SEC.224.)
IC 12-7-2-20.5
Basic necessities
Sec. 20.5. "Basic necessities", for purposes of IC 12-20, includes
those services or items essential to meet the minimum standards of
health, safety, and decency, including the following:
(1) Medical care described in IC 12-20-16-2.
(2) Clothing and footwear.
(3) Food.
(4) Shelter.
(5) Transportation to seek and accept employment on a
reasonable basis.
(6) Household essentials.
(7) Essential utility services.
(8) Other services or items the township trustee determines are
necessities.
As added by P.L.51-1996, SEC.2.
IC 12-7-2-20.7
Basic services
Sec. 20.7. "Basic services", for purposes of IC 12-10-17.1, has the
meaning set forth in IC 12-10-17.1-4.
As added by P.L.255-2001, SEC.3. Amended by P.L.141-2006,
SEC.13.
IC 12-7-2-21
Blind
Sec. 21. "Blind" means the following:
(1) For purposes of the following statutes, the term refers to an
individual who has vision in the better eye with correcting
glasses of 20/200 or less, or a disqualifying visual field defect
as determined upon examination by an ophthalmologist or
optometrist who has been designated to make such
examinations by the county office and approved by the division
of family resources or by the division in the manner provided in
any of the following statutes:
(A) IC 12-10-6.
(B) IC 12-10-12.
(C) IC 12-13.
(D) IC 12-14.
(E) IC 12-15.
(F) IC 12-19.
(2) For purposes of the following statutes, the term refers to an
individual who has a central visual acuity of 20/200 or less in
the individual's better eye with the best correction or a field of
vision that is not greater than twenty (20) degrees at its widest
diameter:
(A) IC 12-12-1.
(B) IC 12-12-3.
(C) IC 12-12-5.
(D) IC 12-12-6.
As added by P.L.2-1992, SEC.1. Amended by P.L.4-1993, SEC.17;
P.L.5-1993, SEC.30; P.L.49-1997, SEC.41; P.L.272-1999, SEC.9;
P.L.145-2006, SEC.34.
IC 12-7-2-22
Board
Sec. 22. "Board" means the following:
(1) For purposes of IC 12-10-10 and IC 12-10-11, the
community and home options to institutional care for the
elderly and disabled board established by IC 12-10-11-1.
(2) For purposes of 12-12-7-5, the meaning set forth in
IC 12-12-7-5(a).
(3) For purposes of IC 12-15-35, the meaning set forth in
IC 12-15-35-2.
As added by P.L.2-1992, SEC.1. Amended by P.L.75-1992, SEC.2;
P.L.20-1992, SEC.5; P.L.81-1992, SEC.5; P.L.1-1993, SEC.69;
P.L.40-1994, SEC.6; P.L.104-1996, SEC.1; P.L.23-1996, SEC.10;
P.L.24-1997, SEC.6; P.L.272-1999, SEC.10; P.L.145-2006, SEC.35.
IC 12-7-2-23
Body
Sec. 23. "Body", for purposes of IC 12-8-2, has the meaning set
forth in IC 12-8-2-1.
As added by P.L.2-1992, SEC.1.
IC 12-7-2-24
Bureau
Sec. 24. "Bureau" means the following:
(1) For purposes of IC 12-10, the bureau of aging and in-home
services established by IC 12-10-1-1.
(2) For purposes of IC 12-11, the bureau of developmental
disabilities services established by IC 12-11-1.1-1.
(3) For purposes of IC 12-12, the rehabilitation services bureau
of the division of disability and rehabilitative services
established by IC 12-12-1-1.
(4) For purposes of IC 12-12.5, the bureau of quality
improvement services established by IC 12-12.5-1-1.
As added by P.L.2-1992, SEC.1. Amended by P.L.4-1993, SEC.18;
P.L.5-1993, SEC.31; P.L.1-1994, SEC.47; P.L.40-1994, SEC.7;
P.L.272-1999, SEC.11; P.L.243-2003, SEC.1; P.L.141-2006,
SEC.14; P.L.145-2006, SEC.36; P.L.1-2007, SEC.104.
IC 12-7-2-24.5
Buy-in program
Sec. 24.5. "Buy-in program", as used in IC 12-15-41, has the
meaning set forth in IC 12-15-41-1.
As added by P.L.287-2001, SEC.2.
IC 12-7-2-24.6
Caregiver
Sec. 24.6. "Caregiver", for purposes of IC 12-17.2, means an
individual who is assigned by a provider the responsibility for
supervising a specific child in the care of the provider.
As added by P.L.18-2003, SEC.1.
IC 12-7-2-24.7
Repealed
(Repealed by P.L.255-2003, SEC.55.)
IC 12-7-2-24.8
Caretaker
Sec. 24.8. "Caretaker", for purposes of IC 12-10.5, has the
meaning set forth in IC 12-10.5-1-1.
As added by P.L.274-2003, SEC.2.
IC 12-7-2-24.9
Case contact
Sec. 24.9. "Case contact", for purposes of IC 12-20-28-3, has the
meaning set forth in IC 12-20-28-3(b).
As added by P.L.180-2005, SEC.1.
IC 12-7-2-25
Case management
Sec. 25. "Case management" means the following:
(1) For purposes of IC 12-10-1 and IC 12-10-10, has the
meaning set forth in IC 12-10-10-1.
(2) For purposes of IC 12-7-2-40.6 and IC 12-24-19, the
meaning set forth in IC 12-24-19-2.
As added by P.L.2-1992, SEC.1. Amended by P.L.40-1994, SEC.8;
P.L.150-1995, SEC.2.
IC 12-7-2-26
Center
Sec. 26. "Center", for purposes of IC 12-26, means a community
mental health center.
As added by P.L.2-1992, SEC.1.
IC 12-7-2-26.1
Center for independent living
Sec. 26.1. "Center for independent living", for purposes of
IC 12-12-8, has the meaning set forth in IC 12-12-8-1.
As added by P.L.151-1995, SEC.2. Amended by P.L.272-1999,
SEC.12.
IC 12-7-2-26.5
Chemical test
Sec. 26.5. "Chemical test", for purposes of IC 12-23-14, means an
analysis of an individual's:
(1) blood;
(2) breath;
(3) hair;
(4) sweat;
(5) saliva;
(6) urine; or
(7) other bodily substance;
to determine the presence of alcohol or a controlled substance (as
defined in IC 35-48-1-9).
As added by P.L.168-2002, SEC.2. Amended by P.L.108-2010,
SEC.3.
IC 12-7-2-27
Chief magistrate
Sec. 27. "Chief magistrate", for purposes of IC 12-28-3, has the
meaning set forth in IC 12-28-3-3.
As added by P.L.2-1992, SEC.1.
IC 12-7-2-28
Child
Sec. 28. "Child" means the following:
(1) For purposes of IC 12-17.2, an individual who is less than
eighteen (18) years of age.
(2) For purposes of IC 12-26, the meaning set forth in
IC 31-9-2-13(d).
As added by P.L.2-1992, SEC.1. Amended by P.L.20-1992, SEC.6
and P.L.81-1992, SEC.6; P.L.1-1993, SEC.70; P.L.1-1997, SEC.49;
P.L.34-2001, SEC.1; P.L.70-2004, SEC.2; P.L.145-2006, SEC.37.
IC 12-7-2-28.1
Repealed
(Repealed by P.L.145-2006, SEC.376.)
IC 12-7-2-28.2
Child care
Sec. 28.2. "Child care", for purposes of IC 12-17.2, means a
service that provides for the care, health, safety, and supervision of
a child's social, emotional, and educational growth.
As added by P.L.20-1992, SEC.7 and P.L.81-1992, SEC.7. Amended
by P.L.1-1993, SEC.71; P.L.145-2006, SEC.38.
IC 12-7-2-28.4
Child care center
Sec. 28.4. "Child care center", for purposes of IC 12-17.2, means
a nonresidential building where at least one (1) child receives child
care from a provider:
(1) while unattended by a parent, legal guardian, or custodian;
(2) for regular compensation; and
(3) for more than four (4) hours but less than twenty-four (24)
hours in each of ten (10) consecutive days per year, excluding
intervening Saturdays, Sundays, and holidays.
As added by P.L.20-1992, SEC.8; P.L.81-1992, SEC.8. Amended by
P.L.1-1993, SEC.72; P.L.136-1993, SEC.1; P.L.1-1994, SEC.48;
P.L.247-2001, SEC.4.
IC 12-7-2-28.6
Child care home
Sec. 28.6. (a) "Child care home", for purposes of IC 12-17.2,
means a residential structure in which at least six (6) children (not
including the children for whom the provider is a parent, stepparent,
guardian, custodian, or other relative or any child who is at least
fourteen (14) years of age and does not require child care) at any
time receive child care from a provider:
(1) while unattended by a parent, legal guardian, or custodian;
(2) for regular compensation; and
(3) for more than four (4) hours but less than twenty-four (24)
hours in each of ten (10) consecutive days per year, excluding
intervening Saturdays, Sundays, and holidays.
(b) The term includes:
(1) a class I child care home; and
(2) a class II child care home.
As added by P.L.20-1992, SEC.9 and P.L.81-1992, SEC.9. Amended
by P.L.1-1993, SEC.73; P.L.136-1993, SEC.2; P.L.124-2007, SEC.1.
IC 12-7-2-28.8
Child care ministry
Sec. 28.8. "Child care ministry", for purposes of IC 12-17.2,
means child care operated by a church or religious ministry that is a
religious organization exempt from federal income taxation under
Section 501 of the Internal Revenue Code.
As added by P.L.20-1992, SEC.10 and P.L.81-1992, SEC.10.
Amended by P.L.1-1993, SEC.74.
IC 12-7-2-28.9
Child care program
Sec. 28.9. "Child care program", for purposes of IC 12-17.2-3.5,
has the meaning set forth in IC 12-17.2-3.5-1.2.
As added by P.L.18-2003, SEC.2.
IC 12-7-2-29
Child caring institution
Sec. 29. "Child caring institution", for purposes of section 82(3)
of this chapter and IC 12-26, means an institution that:
(1) operates under a license issued under IC 31-27;
(2) provides for delivery of mental health services that are
appropriate to the needs of the individual; and
(3) complies with the rules adopted under IC 4-22-2 by the
department of child services.
As added by P.L.2-1992, SEC.1. Amended by P.L.20-1992, SEC.11;
P.L.81-1992, SEC.11; P.L.1-1993, SEC.75; P.L.61-1993, SEC.3;
P.L.145-2006, SEC.39.
IC 12-7-2-30
Child in need of services
Sec. 30. "Child in need of services", for purposes of the following
statutes, has the meaning set forth in IC 31-34-1-1 through
IC 31-34-1-9:
(1) IC 12-13.
(2) IC 12-14.
(3) IC 12-15.
(4) IC 12-19.
As added by P.L.2-1992, SEC.1. Amended by P.L.1-1997, SEC.50;
P.L.145-2006, SEC.40.
IC 12-7-2-31
Repealed
(Repealed by P.L.145-2006, SEC.376.)
IC 12-7-2-31.5
Repealed
(Repealed by P.L.234-2005, SEC.192.)
IC 12-7-2-31.6
Repealed
(Repealed by P.L.234-2005, SEC.192.)
IC 12-7-2-32
Child welfare services
Sec. 32. "Child welfare services", for purposes of the following
statutes, has the meaning set forth in IC 31-9-2-19.5:
(1) IC 12-13.
(2) IC 12-14.
(3) IC 12-15.
As added by P.L.2-1992, SEC.1. Amended by P.L.145-2006, SEC.41;
P.L.146-2008, SEC.375.
IC 12-7-2-33
Repealed
(Repealed by P.L.61-1993, SEC.67.)
IC 12-7-2-33.5
Chronically medically dependent
Sec. 33.5. "Chronically medically dependent" for purposes of
IC 12-15-36, has the meaning set forth in IC 12-15-36-2.
As added by P.L.76-1992, SEC.1.
IC 12-7-2-33.6
Coalition
Sec. 33.6. "Coalition", for purposes of IC 12-18-8, has the
meaning set forth in IC 12-18-8-1.
As added by P.L.181-2003, SEC.1.
IC 12-7-2-33.7
Class I child care home
Sec. 33.7. (a) As used in this chapter, "class I child care home"
means a child care home that serves any combination of full-time and
part-time children, not to exceed at any one (1) time twelve (12)
children plus three (3) children during the school year only who are
enrolled in at least grade 1. Except as provided in
IC 12-17.2-5-6.3(b), the addition of three (3) school age children may
not occur during a break in the school year that exceeds four (4)
weeks.
(b) A child:
(1) for whom a provider of care in the child care home is a
parent, stepparent, guardian, custodian, or other relative and
who is at least seven (7) years of age; or
(2) who is at least fourteen (14) years of age and does not
require child care;
shall not be counted in determining whether the child care home is
within the limit set forth in subsection (a).
As added by P.L.136-1993, SEC.3. Amended by P.L.106-1996,
SEC.1; P.L.247-2001, SEC.5; P.L.124-2007, SEC.2.
IC 12-7-2-33.8
Class II child care home
Sec. 33.8. (a) As used in this chapter, "class II child care home"
means a child care home that serves more than twelve (12) children
but not more than any combination of sixteen (16) full-time and
part-time children at any one (1) time.
(b) A child:
(1) for whom a provider of care in the child care home is a
parent, stepparent, guardian, custodian, or other relative and
who is at least seven (7) years of age; or
(2) who is at least fourteen (14) years of age and does not
require child care;
shall not be counted in determining whether the child care home is
within the limit set forth in subsection (a).
As added by P.L.136-1993, SEC.4. Amended by P.L.124-2007,
SEC.3.
IC 12-7-2-33.9
Clean claim
Sec. 33.9. (a) "Clean claim", for purposes of IC 12-15-13, except
for IC 12-15-13-1 and IC 12-15-13-1.5, has the meaning set forth in
IC 12-15-13-0.5.
(b) "Clean claim", for purposes of IC 12-15-13-1 and
IC 12-15-13-1.5, has the meaning set forth in IC 12-15-13-0.6.
As added by P.L.107-1996, SEC.1 and P.L.257-1996, SEC.1.
IC 12-7-2-34
Commission
Sec. 34. "Commission" means the following:
(1) For purposes of IC 12-10-2, the meaning set forth in
IC 12-10-2-1.
(2) For purposes of IC 12-11-7, the meaning set forth in
IC 12-11-7-1.
(3) For purposes of IC 12-12-2, the meaning set forth in
IC 12-12-2-1.
(4) For purposes of IC 12-13-14, the meaning set forth in
IC 12-13-14-1.
(5) For purposes of IC 12-21-6.5, the meaning set forth in
IC 12-21-6.5-1.
(6) For purposes of IC 12-28-1, the meaning set forth in
IC 12-28-1-3.
As added by P.L.2-1992, SEC.1. Amended by P.L.42-1995, SEC.4;
P.L.2-1997, SEC.29; P.L.12-2006, SEC.1; P.L.181-2006, SEC.50;
P.L.1-2007, SEC.105.
IC 12-7-2-34.2
Commissioner
Sec. 34.2. "Commissioner", for purposes of IC 12-12-8, has the
meaning set forth in IC 12-12-8-1.5.
As added by P.L.217-2005, SEC.1.
IC 12-7-2-35
Committee
Sec. 35. "Committee" means the following:
(1) For purposes of IC 12-8-3, the meaning set forth in
IC 12-8-3-1.
(2) For purposes of IC 12-15-33, the meaning set forth in
IC 12-15-33-1.
As added by P.L.2-1992, SEC.1. Amended by P.L.2-1995, SEC.44;
P.L.42-1995, SEC.5; P.L.107-2005, SEC.1; P.L.1-2007, SEC.106.
IC 12-7-2-36
Community action agency
Sec. 36. "Community action agency", for purposes of
IC 12-14-23, has the meaning set forth in IC 12-14-23-2.
As added by P.L.2-1992, SEC.1.
IC 12-7-2-37
Community and home care services
Sec. 37. "Community and home care services", for purposes of
IC 12-10-10, has the meaning set forth in IC 12-10-10-2.
As added by P.L.2-1992, SEC.1.
IC 12-7-2-38
Community mental health center
Sec. 38. "Community mental health center" means a program of
services that meets the following conditions:
(1) Is approved by the division of mental health and addiction.
(2) Is organized for the purpose of providing multiple services
for persons with mental illness or a chronic addictive disorder.
(3) Is operated by one (1) of the following or any combination
of the following:
(A) A city, a town, a county, or another political subdivision
of Indiana.
(B) An agency of the state.
(C) An agency of the United States.
(D) A political subdivision of another state.
(E) A hospital owned or operated by a unit of government
described in clauses (A) through (D).
(F) A building authority organized for the purpose of
constructing facilities to be leased to units of government.
(G) A corporation incorporated under IC 23-7-1.1 (before its
repeal August 1, 1991) or IC 23-17.
(H) A nonprofit corporation incorporated in another state.
(I) A university or college.
As added by P.L.2-1992, SEC.1. Amended by P.L.23-1993, SEC.35;
P.L.40-1994, SEC.9; P.L.215-2001, SEC.24.
IC 12-7-2-39
Community mental retardation and other developmental
disabilities centers
Sec. 39. "Community mental retardation and other developmental
disabilities centers", for purposes of IC 12-29 (except as provided in
IC 12-29-3-6), means a program of services that meets the following
conditions:
(1) Is approved by the division of disability and rehabilitative
services.
(2) Is organized for the purpose of providing multiple services
for persons with developmental disabilities.
(3) Is operated by one (1) of the following or any combination
of the following:
(A) A city, a town, a county, or another political subdivision
of Indiana.
(B) An agency of the state.
(C) An agency of the United States.
(D) A political subdivision of another state.
(E) A hospital owned or operated by a unit of government
described in clauses (A) through (D).
(F) A building authority organized for the purpose of
constructing facilities to be leased to units of government.
(G) A corporation incorporated under IC 23-7-1.1 (before its
repeal August 1, 1991) or IC 23-17.
(H) A nonprofit corporation incorporated in another state.
(I) A university or college.
(4) Is accredited for the services provided by one (1) of the
following organizations:
(A) The Commission on Accreditation of Rehabilitation
Facilities (CARF), or its successor.
(B) The Council on Quality and Leadership in Supports for
People with Disabilities, or its successor.
(C) The Joint Commission on Accreditation of Healthcare
Organizations (JCAHO), or its successor.
(D) The National Commission on Quality Assurance, or its
successor.
(E) An independent national accreditation organization
approved by the secretary.
As added by P.L.2-1992, SEC.1. Amended by P.L.23-1993, SEC.36;
P.L.4-1993, SEC.19; P.L.5-1993, SEC.32; P.L.1-1994, SEC.49;
P.L.24-1997, SEC.7; P.L.64-2002, SEC.2; P.L.141-2006, SEC.15.
IC 12-7-2-40
Community residential program
Sec. 40. "Community residential program", for purposes of
IC 12-22-2, refers to the programs described in IC 12-22-2-3.
As added by P.L.2-1992, SEC.1. Amended by P.L.272-1999, SEC.13.
IC 12-7-2-40.2
Community spouse
Sec. 40.2. "Community spouse", for purposes of IC 12-15-2,
means an individual who:
(1) is the spouse of an individual who resides in a nursing
facility or another medical institution; and
(2) does not reside in a nursing facility or another medical
institution.
As added by P.L.246-2005, SEC.98.
IC 12-7-2-40.5
Compendia
Sec. 40.5. "Compendia", for purposes of IC 12-15-35 and
IC 12-15-35.5, has the meaning set forth in IC 12-15-35-3.
As added by P.L.75-1992, SEC.3. Amended by P.L.107-2002, SEC.4.
IC 12-7-2-40.6
Continuum of care
Sec. 40.6. "Continuum of care" means a range of services the
provision of which is assured by a community mental health center
or a managed care provider. The term includes the following:
(1) Individualized treatment planning to increase patient coping
skills and symptom management, which may include any
combination of services listed under this section.
(2) Twenty-four (24) hour a day crisis intervention.
(3) Case management to fulfill individual patient needs,
including assertive case management when indicated.
(4) Outpatient services, including intensive outpatient services,
substance abuse services, counseling, and treatment.
(5) Acute stabilization services, including detoxification
services.
(6) Residential services.
(7) Day treatment.
(8) Family support services.
(9) Medication evaluation and monitoring.
(10) Services to prevent unnecessary and inappropriate
treatment and hospitalization and the deprivation of a person's
liberty.
As added by P.L.40-1994, SEC.10.
IC 12-7-2-40.7
Consumer control
Sec. 40.7. "Consumer control", for purposes of IC 12-12-8, has
the meaning set forth in IC 12-12-8-2.
As added by P.L.151-1995, SEC.3. Amended by P.L.272-1999,
SEC.14.
IC 12-7-2-41
Contracting county
Sec. 41. "Contracting county", for purposes of IC 12-30-7, has the
meaning set forth in IC 12-30-7-2.
As added by P.L.2-1992, SEC.1.
IC 12-7-2-42
Contribution
Sec. 42. "Contribution", for purposes of IC 12-17-12, has the
meaning set forth in IC 12-17-12-2.
As added by P.L.2-1992, SEC.1.
IC 12-7-2-43
Control board
Sec. 43. "Control board", for purposes of IC 12-20-25, has the
meaning set forth in IC 12-20-25-2.
As added by P.L.2-1992, SEC.1.
IC 12-7-2-43.5
Cooperate
Sec. 43.5. (a) "Cooperate", for purposes of IC 12-14-2-24,
IC 12-14-7-2, and IC 12-14-7-3, includes, with regard to nonparent
custodians or guardians, the following:
(1) To appear at appointments, in person or by telephone, with
a prosecuting attorney related to:
(A) establishing:
(i) paternity; or
(ii) an order for child support; or
(B) enforcing an order for child support.
(2) To return telephone calls and respond to correspondence
when requested by a prosecuting attorney.
(3) To supply information, to the extent known by the
nonparent custodian or guardian, for a prosecuting attorney to
proceed with appropriate actions to:
(A) establish paternity of a dependent child;
(B) locate parents; or
(C) establish a child support order with respect to a child.
(4) To appear at hearings regarding:
(A) establishment of paternity of a child or a child support
order; or
(B) enforcement of a child support order;
if attendance is necessary as determined by the prosecuting
attorney.
(b) Information under subsection (a)(3) includes:
(1) identification of potential fathers of a dependent child, if
known and paternity has not been established; and
(2) the following information, if known, regarding any parent
or potential parent of a dependent child:
(A) The full legal name and nicknames.
(B) The Social Security number.
(C) The current or last known address and phone number.
(D) The current or last known employer, including the name
and address of the employer.
(E) If a student, the current or last known school.
(F) The criminal record, including where and when the
parent or potential parent was incarcerated.
(G) The date of birth or age.
(H) The race.
(I) Any known group or organizational affiliations.
(J) The names and addresses of close friends or relatives.
(K) Any other information that the prosecuting attorney
requests to help locate or identify a parent of a dependent
child.
(L) A recent photograph.
As added by P.L.80-2010, SEC.15.
IC 12-7-2-44
Council
Sec. 44. "Council" means the following:
(1) For purposes of IC 12-9-4, the meaning set forth in
IC 12-9-4-1.
(2) For purposes of IC 12-12-8, the meaning set forth in
IC 12-12-8-2.5.
(3) For purposes of IC 12-13-4, the meaning set forth in
IC 12-13-4-1.
(4) For purposes of IC 12-15-41 and IC 12-15-42, the Medicaid
work incentives council established by IC 12-15-42-1.
(5) For purposes of IC 12-12.7-2, the meaning set forth in
IC 12-12.7-2-2.
(6) For purposes of IC 12-21-4, the meaning set forth in
IC 12-21-4-1.
(7) For purposes of IC 12-28-5, the meaning set forth in
IC 12-28-5-1.
As added by P.L.2-1992, SEC.1. Amended by P.L.21-1992, SEC.4;
P.L.40-1994, SEC.11; P.L.91-1996, SEC.2; P.L.287-2001, SEC.3;
P.L.217-2005, SEC.2; P.L.93-2006, SEC.4; P.L.130-2009, SEC.15.
IC 12-7-2-44.5
Counseling
Sec. 44.5. "Counseling", for purposes of IC 12-15-35, has the
meaning set forth in IC 12-15-35-4.
As added by P.L.75-1992, SEC.4.
IC 12-7-2-44.6
Countable asset
Sec. 44.6. "Countable asset", for purposes of IC 12-20, means
noncash property that is not necessary for the health, safety, or
decent living standard of a household that:
(1) is owned wholly or in part by the applicant or a member of
the applicant's household;
(2) the applicant or the household member has the legal right to
sell or liquidate; and
(3) includes:
(A) real property other than property that is used for the
production of income or that is the primary residence of the
household;
(B) savings and checking accounts, certificates of deposit,
bonds, stocks, and other intangibles that have a net cash
value; and
(C) boats, other vehicles, or any other personal property used
solely for recreational or entertainment purposes.
As added by P.L.51-1996, SEC.3.
IC 12-7-2-44.7
Countable income
Sec. 44.7. "Countable income", for purposes of IC 12-20, means
a monetary amount either paid to an applicant or a member of an
applicant's household not more than thirty (30) days before the date
of application for township assistance, or accrued and legally
available for withdrawal by an applicant or a member of an
applicant's household at the time of application or not more than
thirty (30) days after the date of application for township assistance.
The term includes the following:
(1) Gross wages before mandatory deductions.
(2) Social Security benefits, including Supplemental Security
Income.
(3) Aid to Families with Dependent Children.
(4) Unemployment compensation.
(5) Worker's compensation (except compensation that is
restricted for the payment of medical expenses).
(6) Vacation pay.
(7) Sick benefits.
(8) Strike benefits.
(9) Private or public pensions.
(10) Taxable income from self-employment.
(11) Bartered goods and services provided by another individual
for the payment of nonessential needs on behalf of an applicant
or an applicant's household if monetary compensation or the
provision of basic necessities would have been reasonably
available from that individual.
(12) Child support.
(13) Gifts of cash, goods, or services.
(14) Other sources of revenue or services that the township
trustee may reasonably determine to be countable income.
As added by P.L.51-1996, SEC.4. Amended by P.L.73-2005, SEC.5.
IC 12-7-2-44.9
Countable resources
Sec. 44.9. "Countable resources", for purposes of IC 12-15-41, has
the meaning set forth in IC 12-15-41-2.
As added by P.L.287-2001, SEC.4.
IC 12-7-2-45
County office
Sec. 45. "County office" refers to a county office of the division
of family resources.
As added by P.L.2-1992, SEC.1. Amended by P.L.4-1993, SEC.20;
P.L.5-1993, SEC.33; P.L.146-2008, SEC.376; P.L.44-2009, SEC.9.
IC 12-7-2-46
County director
Sec. 46. "County director" refers to a director of a county office
of the division of family resources.
As added by P.L.2-1992, SEC.1. Amended by P.L.4-1993, SEC.21;
P.L.5-1993, SEC.34; P.L.145-2006, SEC.42; P.L.146-2008,
SEC.377; P.L.44-2009, SEC.10.
IC 12-7-2-46.2
County home
Sec. 46.2. "County home", for purposes of IC 12-20, means a
residential facility owned, staffed, maintained, and operated by a
county government for eligible county residents who are able to
perform activities of daily living with little or no assistance,
including the following activities:
(1) Bathing.
(2) Dressing.
(3) Grooming.
(4) Walking.
(5) Using the toilet.
(6) Eating.
As added by P.L.51-1996, SEC.5.
IC 12-7-2-46.5
Court
Sec. 46.5. "Court", for purposes of IC 12-17.2, means a circuit or
superior court.
As added by P.L.20-1992, SEC.13 and P.L.81-1992, SEC.13.
Amended by P.L.1-1993, SEC.78; P.L.145-2006, SEC.43.
IC 12-7-2-47
Repealed
(Repealed by P.L.272-1999, SEC.66.)
IC 12-7-2-47.5
Covered entity
Sec. 47.5. "Covered entity", for purposes of IC 12-15-23.5, has the
meaning set forth in IC 12-15-23.5-1.
As added by P.L.187-2007, SEC.1.
IC 12-7-2-48
Covered medical services
Sec. 48. "Covered medical services", for purposes of IC 12-16-1,
has the meaning set forth in IC 12-16-1-2.
As added by P.L.2-1992, SEC.1.
IC 12-7-2-48.5
Covered outpatient drug
Sec. 48.5. "Covered outpatient drug", for purposes of IC 12-15-35,
has the meaning set forth in IC 12-15-35-4.5.
As added by P.L.107-2002, SEC.5.
IC 12-7-2-49
Repealed
(Repealed by P.L.272-1999, SEC.66.)
IC 12-7-2-50
Repealed
(Repealed by P.L.272-1999, SEC.66.)
IC 12-7-2-51
Creditor
Sec. 51. "Creditor", for purposes of IC 12-20-25, has the meaning
set forth in IC 12-20-25-3.
As added by P.L.2-1992, SEC.1.
IC 12-7-2-51.4
Repealed
(Repealed by P.L.145-2006, SEC.376.)
IC 12-7-2-51.5
Repealed
(Repealed by P.L.1-1993, SEC.79; P.L.61-1993, SEC.67;
P.L.136-1993, SEC.24.)
IC 12-7-2-51.7
Criteria
Sec. 51.7. "Criteria", for purposes of IC 12-15-35, has the
meaning set forth in IC 12-15-35-5.
As added by P.L.1-1993, SEC.81.
IC 12-7-2-51.8
Cross-indicated drug
Sec. 51.8. "Cross-indicated drug", for purposes of IC 12-15-35.5,
has the meaning set forth in IC 12-15-35.5-2.
As added by P.L.6-2002, SEC.1 and P.L.107-2002, SEC.6.
IC 12-7-2-51.9
Cross-disability
Sec. 51.9. "Cross-disability", for purposes of IC 12-12-8, has the
meaning set forth in IC 12-12-8-3.
As added by P.L.151-1995, SEC.4. Amended by P.L.272-1999,
SEC.15.
IC 12-7-2-52
Custodial authority of a building
Sec. 52. "Custodial authority of a building", for purposes of the
following statutes, means the person authorized to contract for the
provision of vending services in the building:
(1) IC 12-12-5.
(2) IC 12-12-6.
As added by P.L.2-1992, SEC.1.
IC 12-7-2-52.2
Crowd out
Sec. 52.2. "Crowd out", for purposes of IC 12-17.6, has the
meaning set forth in IC 12-17.6-1-2.
As added by P.L.273-1999, SEC.163. Amended by P.L.283-2001,
SEC.9; P.L.255-2003, SEC.8.
IC 12-7-2-53
Dangerous
Sec. 53. "Dangerous", for purposes of IC 12-26, means a
condition in which an individual as a result of mental illness,
presents a substantial risk that the individual will harm the individual
or others.
As added by P.L.2-1992, SEC.1.
IC 12-7-2-54
(Repealed by P.L.20-1992, SEC.47.)
IC 12-7-2-55
Repealed
(Repealed by P.L.20-1992, SEC.47.)
IC 12-7-2-55.1
Dawn project
Sec. 55.1. "Dawn project", for purposes of IC 12-22-4, has the
meaning set forth in IC 12-22-4-1.
As added by P.L.282-2001, SEC.1.
IC 12-7-2-56
Repealed
(Repealed by P.L.20-1992, SEC.47.)
IC 12-7-2-56.5
Repealed
(Repealed by P.L.1-2010, SEC.156.)
IC 12-7-2-57
Delinquent child
Sec. 57. "Delinquent child", for purposes of the following statutes,
has the meaning set forth in IC 31-37-1 and IC 31-37-2:
(1) IC 12-13.
(2) IC 12-14.
(3) IC 12-15.
(4) IC 12-19.
As added by P.L.2-1992, SEC.1. Amended by P.L.1-1997, SEC.51;
P.L.145-2006, SEC.44.
IC 12-7-2-57.5
Department
Sec. 57.5. "Department", for purposes of IC 12-13-14, has the
meaning set forth in IC 12-13-14-1.
As added by P.L.2-1997, SEC.30. Amended by P.L.90-2002,
SEC.338; P.L.234-2005, SEC.12; P.L.146-2008, SEC.378.
IC 12-7-2-58
Dependent child
Sec. 58. (a) "Dependent child", for purposes of the statutes listed
in subsection (b), means a needy individual who satisfies either of
the following conditions:
(1) The individual is less than sixteen (16) years of age.
(2) The individual is less than eighteen (18) years of age and the
county office that has jurisdiction of the individual finds all of
the following:
(A) The individual regularly attends school.
(B) The individual has been deprived of parental support or
care because of a parent's:
(i) death;
(ii) continued absence from the home; or
(iii) physical or mental incapacity.
(C) The individual's parent or other relative who is legally
responsible for the child's support is not able to provide
adequately for the individual without public assistance.
(D) The individual is living in the home of at least one (1) of
the following relatives:
(i) The individual's parent.
(ii) The individual's sibling.
(iii) The individual's grandparent.
(iv) The individual's stepparent.
(v) The individual's stepbrother or stepsister.
(vi) The individual's aunt or uncle.
(b) This section applies to the following statutes:
(1) IC 12-13.
(2) IC 12-14.
(3) IC 12-15.
(4) IC 12-19.
As added by P.L.2-1992, SEC.1. Amended by P.L.4-1993, SEC.22;
P.L.5-1993, SEC.35; P.L.145-2006, SEC.45.
IC 12-7-2-59
Designee
Sec. 59. "Designee", for purposes of IC 12-10-12, has the meaning
set forth in IC 12-10-12-2.
As added by P.L.2-1992, SEC.1.
IC 12-7-2-60
Destitute child
Sec. 60. (a) "Destitute child", for purposes of the statutes listed in
subsection (b), means an individual:
(1) who is needy;
(2) who is not a public ward;
(3) who is less than eighteen (18) years of age;
(4) who has been deprived of parental support or care because
of a parent's:
(A) death;
(B) continued absence from the home; or
(C) physical or mental incapacity; and
(5) whose relatives liable for the individual's support are not
able to provide adequate care or support for the individual
without public assistance; and
(6) who is in need of foster care, under circumstances that do
not require the individual to be made a public ward.
(b) This section applies to the following statutes:
(1) IC 12-13.
(2) IC 12-14.
(3) IC 12-15.
(4) IC 12-19.
As added by P.L.2-1992, SEC.1. Amended by P.L.145-2006, SEC.46.
IC 12-7-2-61
Developmental disability
Sec. 61. "Developmental disability" means the following:
(1) Except as provided in subdivision (2), before July 1, 1993,
the term means a disability of an individual that:
(A) is attributable to:
(i) mental retardation, cerebral palsy, epilepsy, or autism;
(ii) any other condition found to be closely related to
mental retardation, because this condition results in similar
impairment of general intellectual functioning or adaptive
behavior or requires similar treatment and services; or
(iii) dyslexia resulting from a disability described in this
subdivision;
(B) originates before the person is eighteen (18) years of
age;
(C) has continued or is expected to continue indefinitely;
and
(D) constitutes a substantial disability to the individual's
ability to function normally in society.
(2) For purposes of IC 12-10-7 and IC 12-28-1 before July 1,
1993, and for purposes of IC 12 after June 30, 1993, the term
means a severe, chronic disability of an individual that:
(A) is attributable to a mental or physical impairment, or a
combination of mental and