Section 440IAC7.5-5-1. Transitional residential facility

   (a) A transitional residential facility must meet all of the following requirements:

(1) The facility serves fifteen (15) or fewer persons with a psychiatric disorder or an addiction, or both. The limit of fifteen (15) persons does not include children of the consumers.

(2) The persons served require a time limited supportive residential environment.

(3) The persons' individual treatment plans are overseen by:

(A) a community mental health center;

(B) a certified residential care provider;

(C) a managed care provider; or

(D) an addiction services provider with regular certification.

  (b) The division director may waive the limitation of fifteen (15) or fewer persons.

  (c) In order for the limitation to be waived, the transitional residential facility must be accredited by an accrediting agency approved by the division and must have been certified prior to January 1, 2003.

  (d) Before a waiver is granted, the agency shall have an inspection conducted by the office of the state fire marshal to determine whether the facility's operation is in compliance with the applicable fire and life safety standards set forth in 440 IAC 7.5-8, 440 IAC 7.5-9, or 440 IAC 7.5-10.

  (e) If a waiver is granted, the waiver will remain as long as the residence is accredited and operated by the agency.

  (f) A transitional residential facility may be an apartment, a house, or a congregate residence.

  (g) A transitional residential facility shall have evidence of compliance with local health and safety codes. (Division of Mental Health and Addiction; 440 IAC 7.5-5-1; filed Jun 10, 2002, 2:25 p.m.: 25 IR 3140; filed Mar 30, 2005, 3:00 p.m.: 28 IR 2364; readopted filed Nov 5, 2008, 3:50 p.m.: 20081119-IR-440080742RFA; readopted filed Jul 21, 2011, 9:39 a.m.: 20110817-IR-440110249RFA)