Title 12, TITLE 12. HUMAN SERVICES

Sec. 2. IC 12-8-8.5 applies to the division. [1992 Revision Citation: New.] As added by P.L.2-1992, SEC.15. Amended by P.L.160-2012, SEC.38.

Sec. 3. The division is composed of the following: (1) The director. (2) The division of mental health and addiction planning and advisory council. (3) A coordinator for a statewide program for suicide prevention. (4) Other personnel necessary for the performance of the functions…

[Pre-1992 Revision Citation: 16-13-6.1-3.] As added by P.L.2-1992, SEC.17. Repealed by P.L.40-1994, SEC.83.

Sec. 10. The division is the state authority primarily responsible for prevention, control, treatment and rehabilitation, education, research, and planning in the field of addictions. All other agencies of state and local government shall cooperate with the division to assist in …

unaffected; alternative methods of prosecution Sec. 11. (a) This article does not repeal or modify Indiana law relating to the operation of a vehicle under the influence of liquor or drugs. (b) IC 12-23-5, IC 12-23-6.1, IC 12-23-7.1, IC 12-23-8.1, and any other related provisions…

Sec. 12. (a) The division and the director shall enforce this article. (b) The division or the director may bring an action at law or in equity to enforce any of the provisions of this article and the circuit and superior courts of the state have jurisdiction to compel or enforce…

Sec. 13. Notwithstanding the amendments made to IC 12-7-2-12 by P.L.168-2002, a person participating in an alcohol and drug services program before July 1, 2002, solely as a result of committing an infraction may continue in the program until the person successfully completes the…

[Pre-1992 Revision Citation: 16-13-6.1-7 part.] As added by P.L.2-1992, SEC.17. Repealed by P.L.40-1994, SEC.83.

[Pre-1992 Revision Citation: 16-13-6.1-7 part.] As added by P.L.2-1992, SEC.17. Repealed by P.L.40-1994, SEC.83.

[Pre-1992 Revision Citation: 16-13-6.1-12.5.] As added by P.L.2-1992, SEC.17. Repealed by P.L.40-1994, SEC.83.

[Pre-1992 Revision Citation: 16-13-6.1-7 part.] As added by P.L.2-1992, SEC.17. Repealed by P.L.40-1994, SEC.83.

Sec. 6. The division has the following powers: (1) Promoting unified programs for education and research, prevention and control, diagnosis, and treatment of substance and gambling abuse based on comprehensive plans developed by the division. (2) Assuring compliance with state ru…

federal government grants and contracts Sec. 7. (a) Except as provided in subsection (b) and notwithstanding any other law, the office of the secretary is the sole state authority authorized to: (1) disburse grants, loans, or gifts made by the federal government or any other sour…

advisory council or for purposes of IC 12-23-1-6 Sec. 8. Notwithstanding any other law, the division is the sole state authority authorized to disburse money appropriated to the division for a purpose described in section 6 of this chapter. [Pre-1992 Revision Citation: 16-13-6.1-…

Abuse/Alcoholic Efforts Sec. 9. (a) A part of the total amount of the federal money earmarked for Drug Abuse and Alcohol Abuse/Alcoholics Efforts received for disbursement by the division shall be used for local programs that provide prevention, intervention, or treatment service…

[Pre-1992 Revision Citation: 4-28-2-8(a).] As added by P.L.2-1992, SEC.18. Amended by P.L.146-1993, SEC.1; P.L.4-1993, SEC.199; P.L.5-1993, SEC.212; P.L.272-1999, SEC.44; P.L.141-2006, SEC.61. Repealed by P.L.188-2013, SEC.11.

As added by P.L.190-2002, SEC.2. Amended by P.L.224-2003, SEC.96; P.L.28-2004, SEC.114. Repealed by P.L.141-2006, SEC.115.

[Pre-1992 Revision Citation: 12-1-2.1-2(a) part.] As added by P.L.2-1992, SEC.18. Repealed by P.L.146-1993, SEC.3.

Sec. 3. (a) The director of the division of mental health and addiction has administrative control of and responsibility for the state institution network operating as an integrated mental health system, including the following: (1) Evansville State Hospital. (2) Evansville State…

As added by P.L.229-2011, SEC.148. Expired 12-31-2013 by P.L.229-2011, SEC.148.

Sec. 4. A director, or the directors of the affected state institutions, may do the following: (1) Transfer a patient with a developmental disability between state institutions. (2) In consultation with the patient's treating physician, transfer a patient with a mental illness be…

Sec. 5. (a) If this article grants a director a power, the director may exercise the power with respect to any state institution over which the director has administrative control and responsibility. (b) If this article grants a superintendent a power, the superintendent may exer…

Sec. 6. For purposes of this article, the following apply: (1) An official of a state institution is also considered an official of the state institution's division. (2) An employee of a state institution is also considered an employee of the state institution's division. (3) The…

As added by P.L.40-1994, SEC.47. Amended by P.L.253-1997(ss), SEC.11; P.L.215-2001, SEC.65; P.L.28-2004, SEC.113. Repealed by P.L.28-2012, SEC.18.

direct care staff Sec. 8. (a) Each state institution shall post a notice that a resident, the legal representative of the resident, or another individual designated by the resident may request from the individual in charge of each shift information that designates the names of al…

As added by P.L.108-2000, SEC.2. Amended by P.L.215-2001, SEC.67; P.L.141-2006, SEC.64. Repealed by P.L.168-2018, SEC.31.

Sec. 1. A private institution for the treatment and care of individuals with psychiatric disorders, developmental disabilities, or convulsive disturbances must meet the following conditions: (1) Employ physicians holding an unlimited license to practice medicine available for med…

Sec. 2. The standards of treatment and care to be maintained must be appropriate under existing knowledge of the needs of the individuals, as determined by the secretary. The secretary shall prescribe minimum standards for the private institutions and for the care and treatment p…

institution Sec. 3. A person must hold a license issued by the secretary or the secretary's designee to establish, conduct, operate, or maintain a private institution under any name for the treatment and care of individuals with psychiatric disorders, developmental disabilities, …

Sec. 4. To obtain a license, an applicant must submit an application on a form prepared by the director showing that the applicant is of reputable and responsible character and able to comply with the following: (1) The minimum standards for the institution. (2) Rules adopted und…

Sec. 5. An application must contain the following additional information: (1) The name of the applicant. (2) The type of institutions to be operated. (3) The location of the institution. (4) The name of the person to be in charge of the institution. (5) Any other information the …

Sec. 6. (a) The secretary or the secretary's designee may: (1) issue a license upon an application without further evidence; or (2) refer the license application for a hearing to determine whether a license should be granted. (b) If the director refers the license application for…

applicant; reason for finding Sec. 7. If after a hearing, the secretary or the secretary's designee finds that a license should not be granted, the secretary or the secretary's designee shall notify the applicant, giving the reason for the finding. [Pre-1992 Revision Citation: 16…

Sec. 8. If after a hearing, the secretary or the secretary's designee finds that an applicant complies and will in the future comply with this article and the rules adopted under IC 12-21-2-3(5), the director shall issue a license to the applicant to operate the institution. [Pre…

renewal Sec. 9. A license to operate an institution: (1) expires one (1) year after the date of issuance; (2) is not assignable or transferable; (3) shall be issued only for the premises named in the application; (4) shall be posted in a conspicuous place in the institution; and …

gravely disabled may be involuntarily detained or committed Sec. 1. An individual who is mentally ill and either dangerous or gravely disabled may be involuntarily detained or committed under any of the following statutes: (1) IC 12-26-5 (emergency detention). (2) IC 12-26-6 (tem…

involuntary commitment Sec. 1.5. The following shall, in consultation with the division of mental health and addiction, provide or be provided information and training concerning involuntary commitment, including the use of involuntary commitment for individuals who have a substa…

Sec. 10. Each division shall adopt rules under IC 4-22-2 to administer this article. [Pre-1992 Revision Citation: 16-14-9.1-4 part.] As added by P.L.2-1992, SEC.20.

Sec. 11. Each division shall prescribe the forms that must be used to administer this article. [Pre-1992 Revision Citation: 16-14-9.1-4 part.] As added by P.L.2-1992, SEC.20.

exceptions Sec. 2. Except as provided in sections 3 and 4 of this chapter, the following Indiana courts have jurisdiction over a proceeding under this article: (1) A court having probate jurisdiction. (2) A superior court in a county in which the circuit court has exclusive proba…

Sec. 3. A court that conducted the trial has jurisdiction over a hearing required to be held by IC 35-36-2-4. The court retains jurisdiction over the individual held under IC 35-36-2-4 until the completion of the commitment hearing. After completion of the commitment hearing, jur…

transfer of proceedings Sec. 4. (a) A juvenile court has concurrent jurisdiction over proceedings under this article that involve a child. (b) The juvenile court may not commit or temporarily place a child under this article in a facility other than a child caring institution. If…

jurisdiction Sec. 5. (a) If a commitment proceeding is begun under IC 12-26-3-5, IC 12-26-6-2(a)(1), or IC 12-26-6-2(a)(3), the court acquires jurisdiction over the individual alleged to have a mental illness by service of summons on the individual according to the Indiana Rules …

Sec. 6. Except as otherwise provided, a judicial proceeding under this article shall be conducted as other civil proceedings according to the Indiana Rules of Trial Procedure. [Pre-1992 Revision Citation: 16-14-9.1-13.] As added by P.L.2-1992, SEC.20.

Sec. 7. (a) This section does not apply in the following statutes: (1) IC 12-26-11. (2) IC 12-26-12. (b) This section does not apply to computation of a period during which an individual may be detained under this article. (c) In computing time under this article, Saturdays, Sund…

Sec. 8. Upon the filing of a petition for commitment under IC 12-26-6 or IC 12-26-7 or the filing of a report under IC 12-26-3-5, the individual may be detained in an appropriate facility: (1) by an order of the court pending a hearing; or (2) pending an order of the court under:…

Sec. 9. (a) In a proceeding involving involuntary detention or commitment under this article, appeals from the final orders or judgments of the court of original jurisdiction may be taken by any of the following: (1) The individual who is the subject of the proceeding. (2) A peti…

Sec. 1. This article applies to a patient receiving mental health services or developmental training in or from a service provider. [Pre-1992 Revision Citation: 16-14-1.6-1(a).] As added by P.L.2-1992, SEC.21.

correction Sec. 2. This article does not apply to an individual receiving mental health services or developmental training under the department of correction. [Pre-1992 Revision Citation: 16-14-1.6-1(c).] As added by P.L.2-1992, SEC.21.

article Sec. 3. A private practitioner or other person not covered by this article may elect to be subject to this article by notifying the director of the appropriate division in writing of the election. [Pre-1992 Revision Citation: 16-14-1.6-1(b).] As added by P.L.2-1992, SEC.2…