IC 31-27-5-3 : Group home plat or deed restrictions

Sec. 3. (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.

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