§ 31-27-5-3 — Group home plat or deed restrictions

Indiana § 31-27-5-3

• Jurisdiction: Indiana
• Art. 27: CHILD SERVICES: REGULATION OF
• Ch. 5: Regulation of Group Homes

Text

(a) This section applies to:
(1) a restriction;
(2) a reservation;
(3) a condition;
(4) an exception; or
(5) a covenant;
that is created after June 30, 1990, in a subdivision plat, deed, or other
instrument of or pertaining to the transfer, sale, lease, or use of
property.
(b) This section applies to a group home that houses:
(1) not more than ten (10) children; and
(2) only children who are judicially determined to be either:
(A) children in need of services under IC 31-34-1 (or IC 31-6-4-3 or IC 31-6-4-3.1 before their repeal); or
(B) children who have committed a delinquent act under IC 31-37-2-2, IC 31-37-2-3, or IC 31-37-2-5 (or IC 31-6-4-1(a)(2),
IC 31-6-4-1(a)(3), or IC 31-6-4-1(a)(5) before their repeal).
(c) A restriction, a reservation, a condition, an exception, or a
covenant in a subdivision plat, deed, or other instrument of or
pertaining to the:
(1) transfer;
(2) sale;
(3) lease; or
(4) use;
of property that would permit the residential use of property but
prohibit the use of that property as a group home is, to the extent of the
prohibition, void for public policy reasons.
(d) The prohibition described in subsection (c) is void even if the
prohibition is based on any of the following grounds:
(1) The group home is a business.
(2) The persons residing in the group home are not related.
(3) Any other reason.

Legislative History

As added by P.L.145-2006, SEC.273.