Title 12, TITLE 12. HUMAN SERVICES

Sec. 7. (a) The secretary may act for the division in entering into contracts for the disbursal of money and the providing of service. (b) Before entering into a contract under this section, the secretary shall submit the contract to the attorney general for approval as to form a…

evaluation, and quality assurance; contract determination; reimbursement; submission of contract to attorney general; contract requirements Sec. 8. (a) The secretary or the secretary's designee shall develop a comprehensive system of monitoring, evaluation, and quality assurance …

As added by P.L.40-1994, SEC.31. Repealed by P.L.40-1994, SEC.85.

general assembly approval needed for increase in number or relocation Sec. 0.3. (a) This section applies to the four (4) sub-acute stabilization programs implemented under the subdivision (1) added by P.L.62-1993 to IC 12-22-2-3 (repealed). (b) If the division determines that any…

Sec. 1. The division shall plan, develop, and administer programs of community based residential alternatives to placement in state institutions and nursing facilities licensed under IC 16-28 for individuals with a mental illness. [Pre-1992 Revision Citation: 16-13-22-1 part.] As…

[Pre-1992 Revision Citation: 16-13-22-6.] As added by P.L.2-1992, SEC.16. Amended by P.L.62-1993, SEC.6; P.L.99-2007, SEC.113. Repealed by P.L.143-2011, SEC.31.

Sec. 11. (a) An entity, other than a psychiatric residential treatment facility, may not operate or hold itself out as operating a group home for individuals with serious mental illness (SMI), serious emotional disturbance (SED), or chronic addiction (CA) unless the entity is lic…

Sec. 2. The programs described in section 1 of this chapter must, to the extent feasible, simulate a homelike atmosphere with patterns and conditions of everyday life that are as close as possible to normal. [Pre-1992 Revision Citation: 16-13-22-1 part.] As added by P.L.2-1992, S…

[Pre-1992 Revision Citation: 16-13-22-1 part.] As added by P.L.2-1992, SEC.16. Amended by P.L.78-1992, SEC.26; P.L.62-1993, SEC.5; P.L.6-1995, SEC.12; P.L.99-2007, SEC.110. Repealed by P.L.143-2011, SEC.31.

Sec. 3.5. Community based residential programs include a broad range of living arrangements designed to meet the unique needs of individuals with behavioral health disorders in integrated settings and described in rules adopted by the division under IC 4-22-2. As added by P.L.143…

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 …

[Pre-1992 Revision Citation: 16-13-22-7.] As added by P.L.2-1992, SEC.16. Amended by P.L.81-1992, SEC.32; P.L.2-1993, SEC.114; P.L.145-2006, SEC.123; P.L.99-2007, SEC.112. Repealed by P.L.143-2011, SEC.31.

[Pre-1992 Revision Citation: 16-13-22-4(a).] As added by P.L.2-1992, SEC.16. Amended by P.L.6-1995, SEC.13. Repealed by P.L.143-2011, SEC.31.

[Pre-1992 Revision Citation: 16-13-22-4(b).] As added by P.L.2-1992, SEC.16. Repealed by P.L.143-2011, SEC.31.

[Pre-1992 Revision Citation: 16-13-22-5.] As added by P.L.2-1992, SEC.16. Repealed by P.L.143-2011, SEC.31.

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…

[Pre-1992 Revision Citation: 16-13-6.1-3.5(d) part.] As added by P.L.2-1992, SEC.17. Repealed by P.L.40-1994, SEC.83. IC 12-23-2-7 Administrative costs associated with use of money from fund; limitation; reimbursing Indiana gaming commission Sec. 7. (a) For each state fiscal year…

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.

[Pre-1992 Revision Citations: 4-28-2-10; 12-1-2.1-4; 16-13-1-29 part.] As added by P.L.2-1992, SEC.18. Repealed by P.L.28-2012, SEC.20.

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. IC 12-24-2-8 Prescribing tobacco cessation devices Sec. 8. A physician licensed …

As added by P.L.192-2002(ss), SEC.155. Repealed by P.L.168-2018, SEC.32.

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.

suspension 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…

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…

avoid suspension or revocation; order; compliance by licensee 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 se…

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.

presence at hearings; application of section 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 noti…

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…

petitioner 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 indige…

individual; immunity from liability 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 i…

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…

care; religious practice; consultation with legal counsel and private practitioners 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 …

or training not likely to produce significant improvement 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 prov…

denied or limited by adjudication or finding of mental incompetency; voidable acts not validated 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 …

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.…