Citations Affected: IC 4-13.6; IC 4-15; IC 4-32.2; IC 5-10; IC 5-22;
IC 10-17; IC 16-18; IC 16-19; IC 20-26; IC 20-43; IC 21-14; IC 31-26;
IC 31-34; noncode.
Synopsis: Indiana Soldiers' and Sailor's Children's Home. Establishes
the Morton Residential Academy board (board). Changes the name of
the Indiana Soldiers' and Sailors' Children's Home to the Morton
Residential Academy (children's home). Transfers responsibility for the
children's home from the state health commissioner to the board.
Makes conforming amendments. Provides that the children's home: (1)
must continue to offer services to eligible children in need of
residential care; and (2) must not reduce staffing levels and job
classifications below those in effect at the home on January 1, 2009.
Makes various changes relating to the administration of the children's
home. Provides that the school at the children's home shall utilize an
age appropriate military structure for grades seven through twelve.
Provides that, beginning in 2010, the general assembly may introduce
legislation to close the children's home if the children's home does not
meet certain population requirements. Requires the school at the
children's home to operate on a year-round schedule. Provides that the
children's home shall receive state tuition support distributions.
Provides that the department of child services shall consider placing a
child in need of services or who is receiving foster care in the home.
Provides that a juvenile court may enter a dispositional decree for a
child in need of services ordering the department of child service's to
place the child in the children's home. Repeals provisions relating to
the administration of the children's home by the state health
commissioner. Makes an appropriation of $2,000,000 to the children's
home from a general state assistance grant from the federal American
Recovery and Reinvestment Act of 2009 or another federal economic
stimulus law enacted in 2009.
Effective: Upon passage; January 1, 2009 (retroactive); July 1, 2009.
January 22, 2009, read first time and referred to Committee on Rules and Legislative
Procedures.
January 26, 2009, reassigned to Committee on Family, Children, and Human Affairs.
February 19, 2009, amended, reported _ Do Pass.
February 23, 2009, read second time, amended, ordered engrossed.
A BILL FOR AN ACT to amend the Indiana Code concerning
health and to make an appropriation.
contractor's experience, a proposed plan of performing the work, and
a listing of the equipment that is available to the contractor for
performance of the work.
(f) The statements required by this section shall be submitted on
forms approved by the state board of accounts. The forms shall be
based, so far as applicable, on standard questionnaires and financial
statements for contractors used in investigating the qualifications of
contractors on public construction work.
(g) The division shall reject the bid of a contractor if:
(1) the estimated cost of the public works project is one hundred
fifty thousand dollars ($150,000) or more and the contractor is not
qualified under chapter 4 of this article;
(2) the estimated cost of the public works project is less than one
hundred fifty thousand dollars ($150,000) and the director makes
a written determination, based upon information provided under
subsections (d) and (e), that the contractor is not qualified to
perform the public works contract;
(3) the contractor has failed to perform a previous contract with
the state satisfactorily and has submitted the bid during a period
of suspension imposed by the director (the failure of the
contractor to perform a contract satisfactorily must be based upon
a written determination by the director);
(4) the contractor has not complied with a rule adopted under this
article and the rule specifies that failure to comply with it is a
ground for rejection of a bid; or
(5) the contractor has not complied with any requirement under
section 2.5 of this chapter.
(h) The division shall keep a record of all bids. The state board of
accounts shall approve the form of this record, and the record must
include at least the following information:
(1) The name of each contractor.
(2) The amount bid by each contractor.
(3) The name of the contractor making the lowest bid.
(4) The name of the contractor to whom the contract was
awarded.
(5) The reason the contract was awarded to a contractor other than
the lowest bidder, if applicable.
(6) Purchase order numbers.
the county offices of family and children; and
(2) employees and officers, except members of boards and
commissions or individuals hired for or appointed to, after June
30, 1982, positions as appointing authorities, deputies, assistants
reporting to appointing authorities, or supervisors of major units
within state agencies, irrespective of the title carried by those
positions, of the division of disability and rehabilitative services,
division of aging, Fort Wayne State Developmental Center,
division of mental health and addiction, Larue D. Carter
Memorial Hospital, Evansville State Psychiatric Treatment Center
for Children, Evansville State Hospital, Logansport State
Hospital, Madison State Hospital, Richmond State Hospital, state
department of health, Indiana School for the Blind and Visually
Impaired, Indiana School for the Deaf, Indiana Veterans' Home,
Indiana Soldiers' and Sailors' Children's Home, and its successor,
the Morton Residential Academy, Silvercrest Children's
Development Center, department of correction, Westville
Correctional Facility, Plainfield Juvenile Correctional Facility,
Putnamville Correctional Facility, Indianapolis Juvenile
Correctional Facility, Indiana State Prison, Indiana Women's
Prison, Pendleton Correctional Facility, Reception and Diagnostic
Center, Rockville Correctional Facility, Youth Rehabilitation
Facility, Plainfield Correctional Facility, department of homeland
security (excluding a county emergency management organization
and any other local emergency management organization created
under IC 10-14-3), civil rights commission, criminal justice
planning agency, department of workforce development, Indiana
historical bureau, Indiana state library, division of family
resources, department of child services, Indiana state board of
animal health, Federal Surplus Property Warehouse, Indiana
education employment relations board, department of labor,
Indiana protection and advocacy services commission,
commission on public records, Indiana horse racing commission,
and state personnel department.
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 8. (a) This section applies only to the state and
employees who are not covered by a plan established under section 6
of this chapter.
(b) After June 30, 1986, the state shall provide a group health
insurance plan to each retired employee:
(1) whose retirement date is:
(A) after June 29, 1986, for a retired employee who was a
member of the field examiners' retirement fund;
(B) after May 31, 1986, for a retired employee who was a
member of the Indiana state teachers' retirement fund; or
(C) after June 30, 1986, for a retired employee not covered by
clause (A) or (B);
(2) who will have reached fifty-five (55) years of age on or before
the employee's retirement date but who will not be eligible on that
date for Medicare coverage as prescribed by 42 U.S.C. 1395 et
seq.; and
(3) who:
(A) for an employee who retires before January 1, 2007, will
have completed:
(i) twenty (20) years of creditable employment with a public
employer on or before the employee's retirement date, ten
(10) years of which shall have been completed immediately
preceding the retirement; and
(ii) at least fifteen (15) years of participation in the
retirement plan of which the employee is a member on or
before the employee's retirement date; or
(B) for an employee who retires after December 31, 2006, will
have completed fifteen (15) years of creditable employment
with a public employer on or before the employee's retirement
date, ten (10) years of which shall have been completed
immediately preceding the retirement.
(c) The state shall provide a group health insurance program to each
retired employee:
(1) who is a retired judge;
(2) whose retirement date is after June 30, 1990;
(3) who is at least sixty-two (62) years of age;
(4) who is not eligible for Medicare coverage as prescribed by 42
U.S.C. 1395 et seq.; and
(5) who has at least eight (8) years of service credit as a
participant in the Indiana judges' retirement fund, with at least
eight (8) years of that service credit completed immediately
preceding the judge's retirement.
(d) The state shall provide a group health insurance program to each
retired employee:
(1) who is a retired participant under the prosecuting attorneys
retirement fund;
(2) whose retirement date is after January 1, 1990;
(3) who is at least sixty-two (62) years of age;
(4) who is not eligible for Medicare coverage as prescribed by 42
U.S.C. 1395 et seq.; and
(5) who has at least ten (10) years of service credit as a participant
in the prosecuting attorneys retirement fund, with at least ten (10)
years of that service credit completed immediately preceding the
participant's retirement.
(e) The state shall make available a group health insurance program
to each former member of the general assembly or surviving spouse of
each former member, if the former member:
(1) is no longer a member of the general assembly;
(2) is not eligible for Medicare coverage as prescribed by 42
U.S.C. 1395 et seq. or, in the case of a surviving spouse, the
surviving spouse is not eligible for Medicare coverage as
prescribed by 42 U.S.C. 1395 et seq.; and
(3) has at least ten (10) years of service credit as a member in the
general assembly.
A former member or surviving spouse of a former member who obtains
insurance under this section is responsible for paying both the
employer and the employee share of the cost of the coverage.
(f) The group health insurance program required under subsections
(b) through (e) and subsection (k) must be equal to that offered active
employees. The retired employee may participate in the group health
insurance program if the retired employee pays an amount equal to the
employer's and the employee's premium for the group health insurance
for an active employee and if the retired employee within ninety (90)
days after the employee's retirement date files a written request for
insurance coverage with the employer. Except as provided in
subsection (l), the employer may elect to pay any part of the retired
employee's premium with respect to insurance coverage under this
chapter.
(g) Except as provided in subsection (j), a retired employee's
eligibility to continue insurance under this section ends when the
employee becomes eligible for Medicare coverage as prescribed by 42
U.S.C. 1395 et seq., or when the employer terminates the health
insurance program. A retired employee who is eligible for insurance
coverage under this section may elect to have the employee's spouse
covered under the health insurance program at the time the employee
retires. If a retired employee's spouse pays the amount the retired
employee would have been required to pay for coverage selected by the
spouse, the spouse's subsequent eligibility to continue insurance under
this section is not affected by the death of the retired employee. The
surviving spouse's eligibility ends on the earliest of the following:
(1) When the spouse becomes eligible for Medicare coverage as
prescribed by 42 U.S.C. 1395 et seq.
(2) When the employer terminates the health insurance program.
(3) Two (2) years after the date of the employee's death.
(4) The date of the spouse's remarriage.
(h) This subsection does not apply to an employee who is entitled
to group insurance coverage under IC 20-28-10-2(b). An employee
who is on leave without pay is entitled to participate for ninety (90)
days in any health insurance program maintained by the employer for
active employees if the employee pays an amount equal to the total of
the employer's and the employee's premiums for the insurance.
(i) An employer may provide group health insurance for retired
employees or their spouses not covered by this section and may provide
group health insurance that contains provisions more favorable to
retired employees and their spouses than required by this section. A
public employer may provide group health insurance to an employee
who is on leave without pay for a longer period than required by
subsection (h).
(j) An employer may elect to permit former employees and their
spouses, including surviving spouses, to continue to participate in a
group health insurance program under this chapter after the former
employee (who is otherwise qualified under this chapter to participate
in a group insurance program) or spouse has become eligible for
Medicare coverage as prescribed by 42 U.S.C. 1395 et seq. An
employer who makes an election under this section may require a
person who continues coverage under this subsection to participate in
a retiree health benefit plan developed under section 8.3 of this chapter.
(k) The state shall provide a group health insurance program to each
retired employee:
(1) who was employed as a teacher in a state institution under:
(A) IC 10-17-9.5;
(A) (B) IC 11-10-5;
(B) (C) IC 12-24-3;
(C) (D) IC 16-33-3;
(D) (E) IC 16-33-4 (before its repeal);
administration established by IC 4-13-1-2 or the
commissioner's designee.
(3) The state health commissioner of the state department of
health established by IC 16-19-1-1 or the state health
commissioner's designee.
(4) The state superintendent of public instruction or the state
superintendent's designee.
(5) The adjutant general or the adjutant general's designee.
(6) Three (3) members appointed by the governor, of whom:
(A) one (1) must be a licensed physician;
(B) two (2) must have received an honorable discharge
from the armed forces of the United States or national
guard; and
(C) not more than two (2) may be members of the same
political party.
(7) One (1) member who previously was a resident of the
Indiana Soldiers' and Sailors' Children's Home or its
successor, the Morton Residential Academy, appointed by the
governor.
(c) The two (2) nonvoting members serve in an advisory
capacity. The nonvoting members consist of the following:
(1) The member of the house of representatives of the general
assembly for the house district (as defined in IC 2-1-9-4) in
which the Morton Residential Academy is located.
(2) The member of the senate of the general assembly for the
senate district (as defined in IC 2-1-9-6) in which the Morton
Residential Academy is located.
(d) This subsection applies to a voting member of the board
appointed by the governor under subsection (b)(6) or (b)(7). The
voting member serves at the pleasure of the governor. A vacancy
in the membership of the board shall be filled by the governor
within sixty (60) days after the vacancy is created. If a voting
member is absent from more than seven (7) regular meetings of the
board described in subsection (g) within a calendar year, the
governor shall remove that voting member from the board and
appoint another individual within sixty (60) days after the date the
governor removes the voting member from the board.
(e) The governor shall appoint one (1) of the voting members of
the board appointed under subsection (b)(6) and (b)(7) as chair of
the board.
(f) The voting board member described in subsection (b)(1) shall
act as secretary for the board.
chapter;
operated at the home.
Sec. 2. As used in this chapter, "armed forces of the United
States" means the forces and components of the following:
(1) The United States Army.
(2) The United States Navy.
(3) The United States Marine Corps.
(4) The United States Air Force.
(5) The United States Coast Guard.
Sec. 3. As used in this chapter, "board" refers to the Morton
Residential Academy board established by IC 10-17-1.1-3.
Sec. 4. As used in this chapter, "home" refers to the Morton
Residential Academy established by section 9 of this chapter. The
home is composed of the:
(1) academy; and
(2) residence.
Sec. 5. As used in this chapter, "member of the armed forces"
means the following:
(1) An individual who is on active duty in the armed forces of
the United States or national guard.
(2) An individual who previously has served on active duty in
the armed forces of the United States or national guard and
has received an honorable or general discharge.
Sec. 6. As used in this chapter, "national guard" means:
(1) the Indiana Army National Guard; or
(2) the Indiana Air National Guard.
Sec. 7. As used in this chapter, "residence" refers to facilities,
services, or programs offered by the home not related to academics
or services provided by the academy.
Sec. 8. As used in this chapter, "superintendent" refers to the
superintendent of the Morton Residential Academy appointed
under section 12 of this chapter.
Sec. 8.5. The mission of the home established in section 9 of this
chapter is to provide a safe, caring, structured, and nurturing
environment with a residential educational setting for the children
of Indiana, including a child:
(1) of a member of the armed forces or national guard who
has become incapacitated or is incapable of caring for the
child as a result of a war or military service;
(2) with a parent who has become incapacitated or is
incapable of caring for the child as a result of a large natural
or manmade disaster;
June 30, 2009. The superintendent must meet all the following
qualifications:
(1) Have a master's degree or a higher degree from an
accredited college or university.
(2) Have experience working with children.
(3) Have other qualifications as required by the board.
(c) When at least two (2) candidates meet the conditions listed
in subsection (b), the board shall give preference to individuals who
have been honorably discharged after service in the armed forces
of the United States or national guard in appointing a candidate to
the position of superintendent of the home.
(d) The superintendent may be removed only by the board.
(e) Except as provided in IC 10-17-1.1-4, the superintendent is
responsible to the board.
(f) The board shall determine the superintendent's salary,
subject to the approval of the governor and the budget agency.
Sec. 13. (a) The board annually shall review the salary schedules
of the largest school corporation of the county in which the home
is located to determine the salary schedule of that school
corporation.
(b) The board shall, following the annual review required by
subsection (a), prescribe, subject to approval by the state personnel
department and the budget agency, a salary schedule for the
academy, using a daily rate of pay for each teacher that is
commensurate with the salary schedules of the school corporation
that has the greatest current ADM (as defined in IC 20-43-1-10) in
the county in which the home is located.
(c) The board shall prescribe the terms of the annual contract
awarded to licensed teachers qualifying for payment under this
schedule.
(d) The board shall advise the budget agency and the governor
of the board's action under this section. Hours of work for all
teachers shall be set in accordance with IC 4-15-2.
Sec. 14. (a) The superintendent shall furnish an individual
public bond in an amount determined by the board, payable to the
state and conditioned upon the faithful performance of the
superintendent's duties.
(b) A bond required under this section is subject to the approval
of the insurance commissioner and shall be filed in the office of the
secretary of state.
Sec. 15. (a) The superintendent, subject to the approval of the
board, has the following responsibilities:
(1) Charge and management of the home.
(2) Direction of the care, safety, education, and well-being of
the children of the home.
(3) Evaluation and improvement of the home staff and
support services.
(4) Implementation and administration of the policies,
mission, and goals of the home as established by the board.
(5) Implementation of budgetary matters as recommended by
the board.
(6) Advocating on behalf of the home under guidelines
established by the board.
(7) Executing contracts on behalf of the home.
(8) Seeking federal grants or assistance.
(9) Promoting the home to political subdivisions, court
systems, and the general public.
(10) Causing to be provided the proper educational materials
and facilities in the home.
(b) The superintendent is the chief appointing authority for all
teachers and other employees necessary to properly conduct and
operate the home.
(c) The superintendent, with approval of the board, may enter
into contracts or agreements with other state agencies, school
corporations, or other entities to use the:
(1) facilities or services of the home; and
(2) home for summer camps, seminars, programs, or other
educational events.
Sec. 16. (a) The superintendent, with the approval of the board,
shall appoint a commandant to act as principal and the chief
administrative officer for the academy.
(b) The commandant must meet all the following qualifications:
(1) Be a teacher licensed by the state.
(2) Have experience working with children.
(3) Have other qualifications as required by the board.
(c) When at least two (2) candidates meet the conditions listed
in subsection (b), the superintendent shall give preference to
individuals who have been honorably discharged after service in
the armed forces of the United States or national guard in
appointing a candidate to the position of commandant of the home.
(d) The board shall determine the commandant's salary subject
to the approval of the governor and the budget agency.
Sec. 17. (a) The superintendent, with the approval of the board,
shall appoint a residence director to act as the chief administrative
officer for the residence. The residence director is responsible for
the children's:
(1) care;
(2) physical fitness;
(3) home upkeep and chores;
(4) character development;
(5) emotional support and counseling;
(6) medical support;
(7) living and dining facilities; and
(8) activities and schedules;
that are not related to academics. The residence director must
coordinate the children's activities with the schedule and activities
established by the commandant of the academy.
(b) The residence director of the home must meet all the
following qualifications:
(1) Must be:
(A) 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;
(B) an individual that has at least a master's degree from
an accredited college or university in a field related to
social work; or
(C) a licensed psychologist under IC 25-33-1.
(2) Have other qualifications as required by the board.
(c) When at least two (2) candidates meet the conditions listed
in subsection (a), the superintendent shall give preference to
individuals who have been honorably discharged after service in
the armed forces of the United States or national guard in
appointing a candidate to the position of residence director of the
home.
(d) The board shall determine the residence director's salary
subject to the approval of the governor and the budget agency.
Sec. 18. (a) The academy located at the home must be accredited
as a public school. The superintendent may arrange in a special
situation, as approved by the board, for the education of a child in
a school in a county school corporation reorganized under IC 20-23
near the home.
(b) A person who teaches in a department of the academy must
be qualified and properly licensed by the Indiana state board of
education.
(c) The academy must apply to the proper military department
as provided in 10 U.S.C. 2031 to offer:
(1) an Army; and
(2) a Navy with a Marine Corps component;
junior reserve officers' training corp unit.
Sec. 19. (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 vocational school may not use a military structure.
(c) The superintendent may enter into contracts, in a manner
prescribed by the board, with other school corporations or entities
for the use of the vocational school.
(d) The superintendent may use 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.
Sec. 20. (a) After an adequate investigation, as determined by
the superintendent or the superintendent's designee, including
consideration of appropriateness of placement, the superintendent
shall receive a child as a resident in the home if the child meets the
requirements in subsection (b).
(b) Before a child may be accepted for residence in the home
under the section, the child must meet the following requirements:
(1) The parent or parents of the child must be Indiana
residents immediately before application, or the child must be
physically present in Indiana immediately before application.
(2) The child must be at least three (3) years of age but less
than eighteen (18) years of age.
(3) The child must be in need of residential care and
education.
(c) Preference for acceptance for residence in the home to a
child of a member of the armed forces of the United States or
national guard shall be given in the following order:
(1) At least one (1) parent is currently deployed.
(2) At least one (1) parent has been killed in the line of duty
while serving in the armed forces of the United States or
national guard.
(3) At least one (1) parent is physically or mentally incapable
of caring for the child because of the parent's service or direct
participation in an authorized campaign or national
emergency while serving in the armed forces of the United
States or national guard.
(4) At least one (1) parent is physically or mentally incapable
of caring for the child because of the parent's service in the
armed forces of the United States or national guard.
(5) At least one (1) parent is deceased.
(6) At least one (1) parent is physically or mentally incapable
of caring for the child.
(7) At least one (1) parent is absent.
(8) The child is considered at risk for:
(A) being abused or neglected;
(B) becoming homeless; or
(C) becoming a child in need of services or a delinquent
child.
(9) The child is a child of a member of the armed forces of the
United States or national guard.
(d) If the applications of all children eligible for residence under
subsection (c) have been considered and if space is still available,
the superintendent may accept for residence children referred:
(1) by the department of child services established by
IC 31-25-1-1;
(2) by the division of special education established by
IC 20-35-2-1;
(3) by the courts; or
(4) by any other agency of a political subdivision;
subject to an adequate investigation as determined by the
superintendent or the superintendent's designee, including a
consideration of appropriateness of placement, and the approval
of the board.
(e) If the applications of all children listed in subsections (c)
through (d) have been considered and space is still available, the
superintendent may accept for residence in the home any other
children who are in need of residential care and education and
meet the requirements in subsection (b).
Sec. 21. (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 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.
Sec. 22. (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:
(1) is eighteen (18) years of age;
(2) graduates from the academy if the student is at least
eighteen (18) years of age but less than twenty (20) years of
age; or
(3) is 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 or court appointed guardian;
(2) there is a responsible relative; or
(3) if a responsible parent, guardian, 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 of a child admitted to the home 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.
Sec. 23. (a) A 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) guardian;
(3) relative; or
(4) department of child services;
that placed the child in the home if removal of the child from the
home is applied for by written application. The superintendent of
the home 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 board; 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.
Sec. 24. 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.
Sec. 25. A parent, a guardian, a relative, a representative of the
department of child services, or other person approved by the
superintendent may visit a child residing in the home at times or
places the superintendent prescribes.
Sec. 26. (a) This section does not apply to children admitted
under section 20(c) of this chapter. Except as otherwise provided,
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 residence costs of the child in the home of up
to one hundred percent (100%) of the student daily rate. The
residence cost shall be referred to as residence charges.
(b) The costs under subsection (a) shall be computed annually
by dividing the total annual cost of operation of the residence by
the total student days each year. The cost of operation shall exclude
the following:
(1) Costs associated with the academy and educational
programs.
(2) Costs for construction and equipment.
(c) A residence charge may not be levied under this subsection
against any of the following:
(1) A county or any person or office, to be derived from
county tax sources.
(2) A child orphaned by the death of the child's natural
parents.
(d) The superintendent may enter into an agreement with the
department of child services or any other agency of a political
subdivision for the payment of all or a part of a residence charge
by the department of child services or other agency for a child
admitted into the home at the request of the department of child
services or other agency.
(e) The billing and collection of the residence charges as
provided for in subsection (a) shall be made by the superintendent
based on the per student daily rate for the preceding fiscal year. All
money collected shall be deposited in a fund to be known as the
Morton Residential Academy residence fund. The fund shall be
used by the board:
(1) for the preventive maintenance, repair, and rehabilitation
of buildings of the home that are used for housing, food
service, or education of the children of the home; and
(2) to meet the goals established by the board under section 11
of this chapter.
(f) The superintendent may, with the approval of the board,
agree to accept payment at a lesser rate than that prescribed under
subsection (a). The superintendent, in determining whether to
accept the lesser amount, shall 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 with the approval of the board.
(g) A person who has been issued a statement of amounts due as
residence charges under this section may petition the
superintendent for a release from or modification of the statement,
and the superintendent shall provide for hearings to be held on the
petition. The superintendent, with the approval of the board and
after the hearing, may cancel or modify the former statement and
at any time for due cause may increase the amounts due for
residence charges to an amount not to exceed the maximum cost as
determined under subsection (a).
(h) The superintendent may arrange for the establishment of a
graduation or discharge trust account for a child by arranging to
accept a lesser rate of residence charge. The trust fund must be of
sufficient size to provide for immediate expenses upon the child's
graduation or discharge.
(i) The superintendent may make agreements with
instrumentalities of the federal government for the application of
any monetary awards to be applied toward the residence 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 residence charges may not exceed the amount
specified under subsection (a).
superintendent maintains data.
(b) The home shall:
(1) make available in a place that is readily accessible to
residents and the public a copy of the compilation of statistical
reports provided under this section; and
(2) post a notice that a copy of the compilation of statistical
reports may be requested from the individual in charge of
each shift.
(c) The notice required under subsection (b)(2) must meet the
following conditions:
(1) Be posted in a conspicuous place that is readily accessible
to residents and the public.
(2) Be written in at least 24 point type on a poster that is at
least eleven (11) inches wide and seventeen (17) inches long.
(3) Contain:
(A) the business telephone number of the superintendent;
and
(B) a telephone number for filing complaints with the
board.
(4) State that if a resident, the legal representative of a
resident, or another individual designated by a resident is
unable to obtain the compilation of statistical reports from the
individual in charge of each shift, the resident, the legal
representative of the resident, or other individual designated
by the resident may do any of the following:
(A) Contact the superintendent.
(B) File a complaint with the board by using the board's
designated telephone number.
(d) The board may adopt rules under IC 4-22-2 to carry out this
section.
complete administrative control and responsibility for the Indiana
Soldiers' and Sailors' Children's Home.
(b) Notwithstanding any other statute or policy, the state health
commissioner or the superintendent of the home may not do the
following after December 31, 2008, unless specifically authorized
by a statute enacted by the general assembly:
(1) Terminate, in whole or in part, services provided on
January 1, 2009, by the home to Indiana children or other
operations that existed at the home on January 1, 2009.
(2) Reduce the staffing levels and classifications below those
in effect at the home on January 1, 2009.
(3) Terminate the employment of an employee of the Indiana
Soldiers' and Sailors' Children's Home who was an employee
after December 31, 2008, except in accordance with IC 4-15-2.
The state department or the superintendent of the home shall fill
any vacancy created by a termination described in subdivision (3)
so that the staffing levels at the facility are not reduced below the
staffing levels in effect on January 1, 2009.
exchange student resides. The student may attend a school in the school
corporation in which the family with whom the student is living
resides. A school corporation that receives a foreign student may not
be paid any transfer tuition. The school corporation shall include the
foreign student in computations to determine the amount of state aid
that it is entitled to receive.
war or performed duty equally hazardous that was
recognized by the award of a service or campaign medal of
the United States;
(ii) suffered a service connected death or disability as
determined by the United States Department of Veterans
Affairs; and
(iii) received any discharge or separation from the armed
forces other than a dishonorable discharge;
(B) who is eligible to pay the resident tuition rate at the state
educational institution the person will attend, as determined by
the institution; and
(C) who possesses the requisite academic qualifications.
to control and discipline the child.
(4) Award wardship of the child to the department for
supervision, care, and placement.
(5) Partially or completely emancipate the child under section 6
of this chapter.
(6) Order the child's parent, guardian, or custodian to complete
services recommended by the department and approved by the
court under IC 31-34-16, IC 31-34-18, and IC 31-34-19.
(7) Order a person who is a party to refrain from direct or indirect
contact with the child.
(8) Order a perpetrator of child abuse or neglect to refrain from
returning to the child's residence.
(9) Order the department to place the child in the Morton
Residential Academy established under IC 10-17-9.5-9.
(b) A juvenile court may not place a child in a home or facility that
is located outside Indiana unless:
(1) the placement is recommended or approved by the director of
the department or the director's designee; or
(2) the juvenile court makes written findings based on clear and
convincing evidence that:
(A) the out-of-state placement is appropriate because there is
not a comparable facility with adequate services located in
Indiana; or
(B) the location of the home or facility is within a distance not
greater than fifty (50) miles from the county of residence of
the child.
(c) If a dispositional decree under this section:
(1) orders or approves removal of a child from the child's home or
awards wardship of the child to the department; and
(2) is the first juvenile court order in the child in need of services
proceeding that authorizes or approves removal of the child from
the child's parent, guardian, or custodian;
the juvenile court shall include in the decree the appropriate findings
and conclusions described in IC 31-34-5-3(b) and IC 31-34-5-3(c).
established by IC 10-17-1.1-3, as added by this act.
(c) The board shall hold its first meeting in July 2009 and
conduct business the board considers necessary.
(d) This SECTION expires July 1, 2011.