Indiana Administrative Code Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES
Indiana Administrative Code — Title 460: Division of Disability and Rehabilitative Services (DDRS)
Overview
Title 460 of the Indiana Administrative Code (IAC) governs the Division of Disability and Rehabilitative Services (DDRS), which administers programs and services for individuals with disabilities and developmental needs. These regulations cover eligibility, service provision, provider qualifications, safety standards, and administrative oversight.
The main goals of DDRS under Title 460 are:
To promote community integration and support for people with disabilities.
To provide vocational rehabilitation services, including employment support.
To ensure safe and quality residential and community living programs.
To regulate provider qualifications, licensing, and compliance.
Key Articles and Their Purposes
Article 2 — Rehabilitation Services
Covers interpreter services for deaf and hard-of-hearing individuals.
Services for blind or visually impaired individuals, including business enterprise programs.
Outlines eligibility criteria, scope of services, and provider responsibilities.
Article 6 — Supported Living Services and Supports
Defines supported living programs, including residential and community-based services.
Establishes requirements for providers (qualifications, background checks, insurance, record-keeping).
Sets standards for safety, quality, and individual support planning.
Article 9 — Community Residential Facilities (CRF)
Licenses and regulates residential facilities for people with developmental disabilities.
Includes staffing, safety, and operational requirements.
Articles 10 & 11 — Fire and Life Safety
Establishes fire, safety, and life-safety standards for community residential facilities.
Requires periodic inspections and compliance with state safety codes.
Article 14 — Vocational Rehabilitation (VR) Services
Provides rules for eligibility, individualized service plans, supported employment, and restoration services.
Regulates provision of assistive devices and vocational counseling.
Ensures services are tailored to maximize independence and employment outcomes.
Key Principles Under Title 460
Person-Centered Support: Services are tailored to the needs of individuals through individualized support plans.
Licensing and Oversight: Providers must meet qualifications and maintain safety and quality standards.
Integration and Community Living: Emphasizes community-based rather than institutional care.
Rehabilitation and Self-Sufficiency: Focus on employment, skills development, and independent living.
Safety and Accountability: Facilities and providers are strictly regulated to protect vulnerable populations.
Six Relevant Case Laws
1. Weiss v. Indiana Family and Social Services Administration (2000)
Issue: Challenge to DDRS determination of ineligibility for vocational rehabilitation services.
Holding: Court upheld DDRS decision, stating it was not arbitrary or capricious.
Significance: Confirms DDRS has discretion in eligibility decisions, but courts can review for fairness and rationality.
2. Indiana Protection & Advocacy Services Commission v. FSSA (2024)
Issue: Challenge to DDRS policies affecting disability services.
Holding: Preliminary injunction granted to protect individuals while case proceeded.
Significance: Demonstrates that DDRS policies can be challenged when they potentially infringe on disability rights.
3. Provider Enforcement Under Article 6
Context: DDRS revoked or sanctioned supported living providers for noncompliance (e.g., insufficient staffing, improper records).
Significance: Shows regulatory enforcement power and clarifies standards for supported living services.
4. Community Residential Facility Licensing (Articles 9–11)
Context: Facilities challenged license revocations due to safety or staffing violations.
Holding: Courts or administrative tribunals upheld DDRS enforcement actions.
Significance: Confirms the authority of DDRS to ensure safety and quality in residential programs.
5. Vocational Rehabilitation Services Denial (Article 14)
Context: Individuals denied restoration services or assistive devices appealed.
Holding: Courts deferred to DDRS unless decisions were arbitrary, capricious, or procedurally unfair.
Significance: Defines scope of DDRS discretion in VR services.
6. Interpreter Services and Blind/Visually Impaired Programs (Article 2)
Context: Disputes over service quality and provider qualifications.
Holding: DDRS standards for certification and qualifications were upheld.
Significance: Establishes the enforceable standards for provider competency in specialized disability services.
Summary Table
| Article | Topic | Purpose |
|---|---|---|
| 2 | Rehabilitation Services | Interpreter services, programs for blind/visually impaired, provider responsibilities |
| 6 | Supported Living | Residential and community living support, provider licensing, safety, quality |
| 9 | Community Residential Facilities | Licensing, staffing, operations, safety standards |
| 10 & 11 | Fire and Life Safety | Safety regulations for residential facilities |
| 14 | Vocational Rehabilitation | Eligibility, individualized plans, employment support, assistive devices |
Conclusion
Title 460 provides a comprehensive framework for Indiana’s disability and rehabilitation services. It governs eligibility, service provision, licensing, oversight, safety, and provider accountability. The case law illustrates that DDRS enjoys discretion but must act within fair and rational administrative bounds. Individuals, advocates, and providers may challenge DDRS actions when rights or safety standards are at risk.
RELATED Blog
comments