Section 460IAC9-3-5. Resident behavior and facility practices

   (a) The provider shall meet all conditions specified in 42 CFR 483.450 (10-1-95).

  (b) Consideration shall be given to the residents' ages, developmental levels, and social needs and other arrangements that would promote the development of all those living together. Residences for children shall serve only children, and residences for adults shall serve only adults, except as provided in subsection (c).

  (c) In the event that one (1) or more residents of a children's facility shall have reached eighteen (18) years of age or older and shall no longer participate in a special education program, if it is determined by the interdisciplinary team that it is in the best interest of the residents to remain living as a family, then the provider shall submit a plan and request approval from the council to convert the program orientation of the facility to an appropriate licensure category for adults in a reasonable period of time. If this approval is given, children and adults may continue to reside together in the same facility. (Division of Disability and Rehabilitative Services; 460 IAC 9-3-5; filed Sep 30, 1991, 1:40 p.m.: 15 IR 101; 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) NOTE: Transferred from the Community Residential Facilities Council (431 IAC 1.1-3-5) to the Division of Disability and Rehabilitative Services (460 IAC 9-3-5) by P.L.229-2011, SECTION 154, effective July 1, 2011.