Title 12, HUMAN SERVICES

Sec. 5. To the extent that programs described in section 3.5 of this chapter are available and meet an individual's needs, an individual should be placed in a program that is the least restrictive. [Pre-1992 Revision Citation: 16-13-22-3.] As added by P.L.2-1992, SEC.16. Amended …

Sec. 1. As used in this chapter, "fund" refers to the addiction services fund established by section 2 of this chapter. [1992 Revision Citation: New.] As added by P.L.2-1992, SEC.17.

Sec. 2. The addiction services fund is established for the deposit of excise taxes on alcoholic beverages as described in IC 7.1-4-11 and taxes on riverboat admissions under IC 4-33-12-6. [Pre-1992 Revision Citation: 16-13-6.1-3.5(a).] As added by P.L.2-1992, SEC.17. Amended by P…

Sec. 3. The money in the fund does not revert to the state general fund at the close of a state fiscal year. [Pre-1992 Revision Citation: 16-13-6.1-3.5(b).] As added by P.L.2-1992, SEC.17. Amended by P.L.201-2023, SEC.141.

Sec. 4. The treasurer of state may invest the money in the fund in the manner provided by law for investing money in the state general fund. [Pre-1992 Revision Citation: 16-13-6.1-3.5(c).] As added by P.L.2-1992, SEC.17.

Sec. 5. The general assembly shall appropriate money from the addiction services fund solely for the purpose of funding programs: (1) that provide prevention services and intervention and treatment services for individuals who are psychologically or physiologically dependent upon…

Sec. 7. (a) For each state fiscal year, the division may not spend more than an amount equal to five percent (5%) of the total amount received by the division from the fund established under section 2 of this chapter for the administrative costs associated with the use of money r…

Sec. 8. (a) Except as provided in subsection (b), for each state fiscal year, the division shall distribute an amount equal to at least thirty-three percent (33%) of the total amount received by the division from the addiction services fund established by section 2 of this chapte…

Sec. 1. A state institution is under the administrative control of a superintendent appointed under section 2 of this chapter. [Pre-1992 Revision Citations: 4-28-2-8(b) part; 12-1-2.1-2(b) part; 16-13-1-9(b) part.] As added by P.L.2-1992, SEC.18.

Sec. 2. Subject to the approval of the governor, the secretary or the secretary's designee shall appoint the superintendent of a state institution. [Pre-1992 Revision Citations: 4-28-2-8(b) part; 12-1-2.1-2(b) part; 16-13-1-9(b) part.] As added by P.L.2-1992, SEC.18. Amended by P…

Sec. 3. The secretary may adopt rules under IC 4-22-2 to prescribe the qualifications of a superintendent of a state institution under the control of the division. A superintendent must possess the prescribed qualifications. [Pre-1992 Revision Citation: 16-13-2-7.] As added by P.…

Sec. 4. A superintendent serves at the pleasure of the secretary. [Pre-1992 Revision Citations: 4-28-2-8(b) part; 12-1-2.1-2(b) part; 16-13-1-9(b) part.] As added by P.L.2-1992, SEC.18. Amended by P.L.28-2012, SEC.19; P.L.35-2016, SEC.61.

Sec. 5. The superintendent of a state institution is administratively responsible to the director. [Pre-1992 Revision Citations: 4-28-2-8(b) part; 12-1-2.1-2(b) part; 16-13-1-9(b) part.] As added by P.L.2-1992, SEC.18.

Sec. 7. A superintendent may do the following: (1) Administer oaths. (2) Take depositions. (3) Certify to official acts. [Pre-1992 Revision Citation: 16-13-1-30 part.] As added by P.L.2-1992, SEC.18.

Sec. 8. A physician licensed under IC 25-22.5 may prescribe tobacco cessation devices as is medically necessary for a resident of a state institution. As added by P.L.110-1997, SEC.2. Amended by P.L.28-2012, SEC.21; P.L.141-2012, SEC.4.

Sec. 1. The director may suspend or revoke a license issued under this article on any of the following grounds: (1) Violation of a provision of this article or the rules adopted under IC 12-21-2-3(5). (2) Permitting, aiding, or abetting the commission of an illegal act in the ins…

Sec. 2. To suspend or revoke a license, the director must file a complaint stating facts constituting grounds for revocation or suspension. [Pre-1992 Revision Citation: 16-13-2-4 part.] As added by P.L.2-1992, SEC.19.

Sec. 3. A licensee is entitled to notice of not less than thirty (30) days of the time and place for a hearing before the secretary or the secretary's designee on the complaint. The notice shall be sent by registered mail to the licensee at the address shown in the licensee's app…

Sec. 4. The licensee is entitled to be represented by legal counsel at the hearing. [Pre-1992 Revision Citation: 16-13-2-4 part.] As added by P.L.2-1992, SEC.19.

Sec. 5. The secretary or the secretary's designee, after a hearing, may suspend or revoke the license. [Pre-1992 Revision Citation: 16-13-2-4 part.] As added by P.L.2-1992, SEC.19. Amended by P.L.35-2016, SEC.68.

Sec. 6. If the secretary or the secretary's designee suspends a license, the secretary or the secretary's designee may also recommend the conditions to be met by the licensee during the period of suspension to entitle the licensee to resume operation of the institution on the exi…

Sec. 7. If the secretary or the secretary's designee suspends or revokes a license, the secretary or the secretary's designee shall enter an order in accordance with the suspension or revocation in which the grounds of the suspension or revocation are set forth. [Pre-1992 Revisio…

Sec. 8. (a) The secretary or the secretary's designee may, after a hearing, hold a case under advisement and make a recommendation of the requirements to be met by the licensee to avoid suspension or revocation. The secretary or the secretary's designee shall enter an order accor…

Sec. 1. This article does not limit or restrict the right of a person to apply to an appropriate court for a writ of habeas corpus. [Pre-1992 Revision Citation: 16-14-9.1-14.] As added by P.L.2-1992, SEC.20.

Sec. 2. (a) This section applies under the following statutes: (1) IC 12-26-6. (2) IC 12-26-7. (3) IC 12-26-12. (4) IC 12-26-15. (b) The individual alleged to have a mental illness has the following rights: (1) To receive adequate notice of a hearing so that the individual or the…

Sec. 3. (a) This section applies under the following statutes: (1) IC 12-26-6. (2) IC 12-26-7. (3) IC 12-26-12. (4) IC 12-26-15. (b) The individual alleged to have a mental illness, each petitioner, and all other interested individuals shall be given an opportunity to appear at h…

Sec. 4. (a) This section applies under the following statutes: (1) IC 12-26-6. (2) IC 12-26-7. (3) IC 12-26-12. (4) IC 12-26-15. (b) The individual alleged to have a mental illness and a petitioner: (1) has a right to a change of judge; and (2) is not entitled to a change of venu…

Sec. 5. (a) This section applies under the following statutes: (1) IC 12-26-6. (2) IC 12-26-7. (3) IC 12-26-12. (4) IC 12-26-15. (b) A petitioner may be represented by counsel. (c) The court may appoint counsel for a petitioner upon a showing of the petitioner's indigency and the…

Sec. 6. (a) A person who without malice, bad faith, or negligence acts according to this article and: (1) participates in proceedings for the detention or commitment of an individual; or (2) assists in the detention, care, and treatment of an individual alleged or adjudged to hav…

Sec. 7. Except for gross misconduct, if a child's advocate performs the advocate's duties in good faith, the advocate is immune from any civil liability that may occur as a result of the advocate's performance of duties. [Pre-1992 Revision Citation: 16-14-9.1-5.5(f).] As added by…

Sec. 8. (a) Detention or commitment of an individual under this article does not deprive the individual of any of the following: (1) The right to do the following: (A) Dispose of property. (B) Execute instruments. (C) Make purchases. (D) Enter into contracts. (E) Give testimony i…

Sec. 9. (a) The superintendent of a state institution may decline to admit an individual if the superintendent determines that there is not available adequate space, treatment staff, and treatment services appropriate to the needs of the individual. (b) If an individual is refuse…

Sec. 1. Subject to section 2 of this chapter, a patient is entitled to all of the following: (1) Mental health services or developmental training: (A) in accordance with standards of professional practice; (B) appropriate to the patient's needs; and (C) designed to afford a reaso…

Sec. 2. (a) The rights set forth in section 1 of this chapter are subject to the limitation that there may be certain conditions for which there is no known effective treatment or developmental training. (b) A service provider is not required to afford mental health services or d…

Sec. 3. (a) A patient is entitled to exercise the patient's constitutional, statutory, and civil rights except for those rights that have been denied or limited by an adjudication or finding of mental incompetency in a guardianship or other civil proceeding. (b) This section does…

Sec. 1. The Interstate Compact on Mental Health is hereby enacted into law and entered into by this state with all other states legally joining therein in the form substantially as follows: INTERSTATE COMPACT ON MENTAL HEALTH The contracting states solemnly agree that: Article 1.…

Sec. 2. (a) Pursuant to the compact described in section 1 of this chapter, the director or a person authorized to act on behalf of the director shall perform the duties of compact administrator. (b) The compact administrator may, acting jointly with like officers of other party …

Sec. 3. The compact administrator may enter into supplementary agreements with appropriate officials of other states pursuant to articles 7 and 11 of the compact. If a supplementary agreement requires or contemplates: (1) the use of an institution or a facility of Indiana; or (2)…

Sec. 4. The compact administrator may, subject to the approval of the chief state fiscal officer, make or arrange for any payments necessary to discharge any financial obligations imposed upon Indiana by the compact or by a supplementary agreement. [Pre-1992 Revision Citation: 16…

Sec. 1. This chapter applies only to the state and local funding of a program of services for individuals with a mental illness that is designated as a community mental health center by the division of mental health and addiction in the division's approval of the program. [Pre-19…

Sec. 1.1. Beginning after June 30, 2025, if a community mental health center provides compensation to any individual employee (not including clinical staff), including salary and benefits, in an amount that is four hundred thousand dollars ($400,000) or more per year then the com…

Sec. 1.2. (a) The county executive of a county may authorize the furnishing of financial assistance for the purposes described in subsection (b) to a community mental health center that is located or will be located: (1) in the county; (2) anywhere in Indiana, if the community me…

Sec. 1.5. For purposes of the required nonfederal share of medical assistance payments under Title XIX of the federal Social Security Act (42 U.S.C. 1396 et seq.), a community mental health center is a governmental unit. As added by P.L.127-2020, SEC.7.

Sec. 13. (a) This section applies to Lake County. (b) In addition to any other appropriation under this article, the county annually may fund each center serving the county from the county's general fund in an amount not exceeding the following: (1) For 2004, the product of the a…

Sec. 14. (a) An entity may not: (1) hold itself out to be a community mental health center; or (2) use the term "community mental health center"; unless the entity is certified by the division of mental health and addiction. (b) The division of mental health and addiction shall i…

Sec. 15. (a) A community mental health center that: (1) is certified by the division of mental health and addiction; and (2) is not administered by a hospital licensed under IC 16-21-2; shall include a member of a county fiscal body or a member of a board of county commissioners …