IC 12-9-2
Chapter 2. Director of Division
IC 12-9-2-1
Appointment of director
Sec. 1. The division shall be administered by a director appointed
under IC 12-8-8-1.
As added by P.L.2-1992, SEC.3.
IC 12-9-2-2
Application of IC 12-8-8
Sec. 2. IC 12-8-8 applies to the director.
As added by P.L.2-1992, SEC.3.
IC 12-9-2-3
Powers and duties
Sec. 3. (a) The director may do the following:
(1) Employ experts and consultants to assist the division in
carrying out the division's functions.
(2) Utilize, with their consent, the services and facilities of
other state agencies without reimbursement.
(3) Accept in the name of the division, for use in carrying out
the functions of the division, money or property received by
gift, bequest, or otherwise.
(4) Accept voluntary and uncompensated services.
(5) Expend money made available to the division according to
policies enforced by the budget agency.
(6) Adopt rules under IC 4-22-2 necessary to carry out the
functions of the division. However, rules adopted by the
director must be approved by the family and social services
committee established by IC 12-8-3-2 before submission to the
attorney general under IC 4-22-2-31.
(7) Establish and implement the policies and procedures
necessary to carry out the functions of the division.
(8) Perform any other acts necessary to carry out the functions
of the division.
(b) The director shall compile information and statistics from each
bureau concerning the ethnicity and gender of a program or service
recipient. The director may adopt rules under IC 4-22-2 necessary to
implement this subsection.
As added by P.L.2-1992, SEC.3. Amended by P.L.42-1995, SEC.21;
P.L.142-1995, SEC.2.
IC 12-9-2-4
Hiring personnel
Sec. 4. The director may, with the approval of the budget agency,
hire the personnel necessary to perform the duties of the division.
As added by P.L.2-1992, SEC.3.
IC 12-9-2-5
Developmental centers; control and responsibility
Sec. 5. The director has administrative control of and
responsibility for the state owned and operated developmental
centers as provided in IC 12-24-1-1.
As added by P.L.2-1992, SEC.3.
IC 12-9-2-6
Contractual powers and requirements
Sec. 6. (a) The director may act for the division in entering into
contracts for the disbursal of money and the providing of service for
approved community mental retardation and other developmental
disability centers where constructed and operated or maintained by
private nonprofit organizations, a local public agency, or any other
state agency that the director determines to be best suited to advance
programs for individuals with developmental disabilities.
(b) Before entering into a contract under this section, the director
shall submit the contract to the attorney general for approval as to
form and legality.
(c) A contract under this section must do the following:
(1) Specify the services to be provided and the client
populations to whom services must be provided.
(2) Specify that the definition of developmental disability set
forth in IC 12-7-2-61 must be used to determine the eligibility
of an individual for reimbursement of the center by the division
for the center's services for individuals with a developmental
disability. The division shall reimburse the centers at rates
established by rule.
(3) Provide for a reduction in funding for failure to comply with
terms of the contract.
As added by P.L.2-1992, SEC.3. Amended by P.L.24-1997, SEC.19;
P.L.99-2007, SEC.58.