Authority: IC 12-28-5-19

Affected: IC 4-21.5; IC 12-28-4-7; IC 12-28-5-12; IC 16-18-2-167; IC 22-12

Sec. 7. (a) The provider shall meet all conditions specified in 42 CFR 483.470 (10-1-95).

(b) Each residential facility shall be located in a residential neighborhood. The location, design, construction, and furnishings of each home shall be appropriate to the program, homelike, and conducive to the achievements of optimal development by the residents. No sign shall be erected which might set the facility apart from other residences in the area. The intent of this rule concerning the standards for licensure of facilities for persons with developmental disabilities is a clear pronouncement of the state of Indiana's commitment to end the unnecessary exclusion of persons with developmental disabilities from the American mainstream.

(c) No residential facility shall be licensed by the council if it is within one thousand (1,000) feet of another community residential facility from the nearest point on the lot line closest to the facility. The council, upon written request and upon a majority vote of the membership present at a meeting, may waive the one thousand (1,000) foot limitation for particular residential facilities. Such waiver:

1. (1) shall conform to the intent of the rule; and
2. (2) once given, will remain as long as the facility is licensed as a residential facility.

(d) A facility initially licensed after September 1, 1984, shall not be located within one thousand (1,000) feet of a sheltered workshop or nursing home or similar health facility (as defined by IC 16-18-2-167) from the nearest point on the lot line closest to the facility. The council, upon written request and upon a majority vote of the membership present at a meeting, may waive the one thousand (1,000) foot limitation for particular residential facilities. Such waiver:

1. (1) shall conform to the intent of the rule; and
2. (2) once given, will remain as long as the facility is licensed as a residential facility.

(e) In accordance with IC 12-28-4-7(a), the residential facility shall meet all other zoning requirements for other dwellings in the area in which it is located.

(f) A residential facility shall be located on a well-maintained, all weather road and near a community that can provide the necessary supportive services for the home, such as fire protection, utilities, approved water and sewage systems, medical services, developmental services and access to recreational facilities, transportation, and social outlets.

(g) In the event that a residential facility uses a private water and/or sewage disposal system, such system shall meet standards for residential use as specified in 410 IAC 6-8.1. Evidence of such compliance shall be provided upon written request by the council or its agents.

(h) The living areas shall meet the following requirements, unless the facility was approved by the division prior to October 1, 1984, and cannot meet these requirements without major physical modifications:

1. (1) When a resident with a physical handicap occupies a residential facility, the facility must be readily accessible to and functionally usable by each such resident according to needs identified in the individual program plan.
2. (2) The facility shall contain sufficient living areas in addition to the bedrooms for the comfort and privacy of the residents. The living areas shall be furnished in the manner of typical family homes.
3. (3) Not more than two (2) residents shall sleep in one (1) bedroom. No resident shall occupy any room with its only access requiring passage through the room of another resident or staff. Such passage is permitted only for use as a primary or secondary evacuation route in the event of emergency.
4. (4) Residents shall be encouraged to purchase and display personal possessions, including personal items of furniture, and to enhance a homelike environment with items such as books, pictures, games, televisions, radios, art, and crafts and hobby materials; however, the provider is not relieved from responsibility to assure an adequate quantity and quality of personal furniture, and may not require residents to provide their own furniture. Furniture provided by the residents remains the property of the residents; it is not included in any charges for services paid by Medicaid or the division.
5. (5) Residential staff who reside in the facility shall do so in a manner that will contribute to the well-being, comfort, independence, and safety of the residents.
6. (6) In the event that it is necessary to relocate the residents due to the facility being uninhabitable, the division may approve relocation on a temporary, time limited basis and may reimburse the provider at the rate approved for the evacuated facility.

(Division of Disability, Aging, and Rehabilitative Services; 460 IAC 9-3-7; filed Sep 30, 1991, 1:40 p.m.: 15 IR 102; filed Nov 2, 1992, 5:00 p.m.: 16 IR 855; filed Apr 30, 1997, 9:00 a.m.: 20 IR 2377; readopted filed Oct 1, 2001, 3:40 p.m.: 25 IR 528; readopted filed Aug 22, 2008, 11:20 a.m.: 20080903-IR-431080545RFA; readopted filed Aug 11, 2014, 11:20 a.m.: 20140910-IR-460140241RFA; readopted filed Nov 9, 2020, 3:08 p.m.: 20201209-IR-460200501RFA) NOTE: Transferred from the Community Residential Facilities Council (431 IAC 1.1-3-7) to the Division of Disability and Rehabilitative Services (460 IAC 9-3-7) by P.L.229-2011, SECTION 154, effective July 1, 2011.