1. (a) After an adequate investigation as determined by the superintendent of the home or the superintendent's designee, including consideration of appropriateness of placement, and with the approval of the state health commissioner or the commissioner's designee, the superintendent of the home shall receive as a resident in the home a child if the child meets the requirements under subsection (b).

2. (b) Before the child may be received as a resident in the home under subsection (a) the child must meet the following requirements:

   1. (1) The parent or parents of the child are Indiana residents immediately before application or the child is physically present in Indiana immediately before application.
   2. (2) The child is at least three (3) years of age but less than eighteen (18) years of age.
   3. (3) The child is in need of residential care and education.

3. (c) If the applications of all children of members of the armed forces have been considered and space is available, the superintendent of the home may, if a child meets the requirements under subsection (b), receive as residents in the home the:

   1. (1) grandchildren;
   2. (2) stepchildren;
   3. (3) brothers;
   4. (4) sisters;
   5. (5) nephews; and

   6. (6) nieces;

      of members of the armed forces who are in need of residential care and education.

4. (d) If the applications of all children eligible for residence under subsections (a) through (c) have been considered and if space is available, the superintendent may accept for residence children referred:

   1. (1) by the department of child services established by IC 31-25-1-1 ; or

   2. (2) by the division of special education established by IC 20-35-2-1 ;

      subject to an adequate investigation as determined by the superintendent of the home or the superintendent's designee, including a consideration of appropriateness of placement, and the approval of the state health commissioner or the commissioner's designee.

      [Pre-1993 Recodification Citation: 16-6.5-5-8.]

As added by P.L.2-1993, SEC.16. Amended by P.L.142-1995, SEC.18; P.L.55-1997, SEC.8; P.L.253-1997(ss), SEC.18; P.L.105-2002, SEC.2; P.L.1-2005, SEC.147; P.L.145-2006, SEC.136; P.L.1-2007, SEC.135.