Title 12, HUMAN SERVICES

Sec. 1.5. (a) This section applies beginning the later of the following: (1) The date that the office is informed that the United States Department of Health and Human Services has approved Indiana's conversion to 1634 status within the Medicaid program. (2) January 1, 2014. (b) …

Sec. 5. Except as provided in section 7 of this chapter, the office may set the total cash value of money, stock, bonds, and life insurance that an applicant for or a recipient of Medicaid may own without being ineligible for Medicaid in cases not described in section 1 of this c…

Sec. 6. A computation under this chapter concerning an individual who purchases a qualified long term care insurance policy under IC 12-15-39.6 must take into consideration the asset disregard established under IC 12-15-39.6-10. [Pre-1992 Revision Citation: 12-1-7-18.5(f).] As ad…

Sec. 7. (a) As used in this section, "value" includes the following: (1) The face value of a life insurance policy. (2) The cash value of a life insurance policy. (b) The value of a life insurance policy that is in force and owned by an applicant or a recipient who is at least fi…

Sec. 8. Except as otherwise provided under federal law, the money in an account (as defined in IC 21-9-2-2) of an education savings program (as defined in IC 21-9-2-11) may not be considered as a resource or asset in determining an applicant's or recipient's eligibility for Medic…

Sec. 1. (a) A township trustee is not under the jurisdiction of the division of family resources. (b) The division of family resources: (1) may not subject a township trustee to investigation concerning the trustee's official duties; and (2) has no authority to make a report with…

Sec. 2. The governor may not do any of the following: (1) Hold a hearing in reference to a township trustee's official duties. (2) Remove a township trustee from office. (3) Declare the office of a township trustee vacant. [Pre-1992 Revision Citation: 12-1-20-1 part.] As added by…

Sec. 3. (a) If a township trustee, who serves as administrator of township assistance, is removed from office, resigns, or in any other way vacates the office of township trustee, the township trustee shall immediately deliver all books, papers, and other materials concerning the…

Sec. 2. (a) If a member, an officer, or an employee of the division is accused of an offense or sued for civil damages because of an act performed within the course of the individual's employment or because of an act performed under the authority or order of a superior officer, t…

Sec. 3. (a) An officer or employee of the division shall, as the director requires, furnish a bond or crime policy endorsed to include faithful performance in the amount the director determines payable to the state and conditioned upon the faithful performance of the individual's…

Sec. 4. The director, deputy directors, bureau heads of the division, and the superintendents of the state institutions administered by the division may administer oaths, take depositions, and certify to official acts. [Pre-1992 Revision Citation: 16-13-1-30 part.] As added by P.…

Sec. 2. To provide greater security for patients, visitors, and employees, the division may not employ in a state institution an individual who has been convicted of any of the following offenses: (1) Rape (IC 35-42-4-1). (2) Criminal deviate conduct (IC 35-42-4-2) (before its re…

Sec. 3. (a) As used in this section, "employee" includes the superintendent of an institution. (b) The director may require an employee of a state institution to furnish a bond in an amount determined by the director. (c) A bond required by this section must be: (1) payable to th…

Sec. 1. A licensee or an applicant for a license aggrieved by an action of the secretary or the secretary's designee may appeal the action to the circuit or superior court in the county in which the institution in question is located or is proposed to be located by filing a notic…

Sec. 2. The circuit court clerk shall notify the secretary that the appeal has been taken. [Pre-1992 Revision Citation: 16-13-2-5 part.] As added by P.L.2-1992, SEC.19. Amended by P.L.35-2016, SEC.73.

Sec. 3. The secretary or the secretary's designee shall cause to be certified to the appropriate court a copy of: (1) the complaint and the order for a suspension or revocation; or (2) the application and order of refusal of a license. [Pre-1992 Revision Citation: 16-13-2-5 part.…

Sec. 4. (a) The case shall be docketed as a civil action, with the applicant or licensee as the plaintiff and the secretary as the defendant. (b) No further pleading is necessary. [Pre-1992 Revision Citation: 16-13-2-5 part.] As added by P.L.2-1992, SEC.19. Amended by P.L.35-2016…

Sec. 5. The court has jurisdiction to the extent that courts exercise jurisdiction over administrative bodies and may enter an order either sustaining the action of the secretary or setting the action aside. [Pre-1992 Revision Citation: 16-13-2-5 part.] As added by P.L.2-1992, SE…

Sec. 6. The circuit court clerk shall certify to the secretary a copy of the decision of the court. [Pre-1992 Revision Citation: 16-13-2-5 part.] As added by P.L.2-1992, SEC.19. Amended by P.L.35-2016, SEC.77.

Sec. 7. An appeal may be made by the aggrieved party from the decision of the court. [Pre-1992 Revision Citation: 16-13-2-5 part.] As added by P.L.2-1992, SEC.19.

Sec. 1. The superintendent of a facility or an individual's attending physician may admit an Indiana resident who: (1) has a mental illness or has symptoms of mental illness; and (2) makes an appropriate application; for observation, diagnosis, care, or treatment. [Pre-1992 Revis…

Sec. 2. (a) If an individual is less than eighteen (18) years of age, an application under this chapter may be made by the individual's parent or legal guardian. (b) If an individual is at least eighteen (18) years of age and has a legal guardian, that individual may not be admit…

Sec. 3. The superintendent or an individual's attending physician may discharge an individual admitted under this chapter if the superintendent or the attending physician determines that: (1) care in the facility is not necessary; or (2) the discharge would contribute to the most…

Sec. 4. Except as provided in section 5 of this chapter, an individual who has been admitted to a facility under this chapter shall be released within twenty-four (24) hours of a written request for release made to the superintendent or the individual's attending physician by: (1…

Sec. 5. (a) The superintendent or the attending physician is not required to release an individual under section 4 of this chapter if the superintendent or the attending physician has reason to believe the individual is mentally ill and either dangerous or gravely disabled. (b) I…

Sec. 6. The court shall, within two (2) days from the date of receiving a report made under section 5 of this chapter, do either of the following: (1) Set a preliminary hearing to determine if there is probable cause to believe that the individual is: (A) mentally ill and either …

Sec. 7. (a) A physician's statement may be introduced into evidence at the preliminary hearing without the presence of the physician. (b) A finding of probable cause may not be entered at the preliminary hearing unless there is oral testimony: (1) subject to cross-examination; (2…

Sec. 8. (a) If the court sets a preliminary hearing under section 6(1) of this chapter, a final hearing shall be held not later than ten (10) days after the date of the preliminary hearing. (b) At the final hearing, an individual may not be found in need of temporary or regular c…

Sec. 9. (a) If an individual has not previously been the subject of a commitment proceeding, the court may only order temporary commitment. (b) If an individual has previously been the subject of a commitment proceeding, the court may order a regular commitment if a longer period…

Sec. 1. As used in this chapter, "reasonable means of communication" includes the following rights: (1) To be visited at reasonable times. (2) To send and receive sealed mail. (3) To have access to a reasonable amount of letter writing materials and postage. (4) To place and rece…

Sec. 2. The rights described in this chapter are in addition to the rights recognized in IC 12-27-2. [Pre-1992 Revision Citation: 16-14-1.6-3(a).] As added by P.L.2-1992, SEC.21.

Sec. 3. Subject to section 4 of this chapter, a patient receiving services or training in a residential setting is conditionally entitled to do all of the following: (1) Wear the individual's own clothes. (2) Keep and use personal possessions. (3) Keep and spend a reasonable amou…

Sec. 4. The conditional rights recognized in this chapter may be denied or limited as follows: (1) In the circumstances and according to the procedures established by rules of the appropriate division. (2) Because of inconsistency with the design of a treatment or habilitation pr…

Sec. 5. The service provider shall give notice of denial or limitation of rights under section 4 of this chapter to the following: (1) The patient. (2) The guardian or appointed advocate of the patient. [Pre-1992 Revision Citation: 16-14-1.6-3(c).] As added by P.L.2-1992, SEC.21.…

Sec. 1. As used in this chapter, "flight" and "fled" mean: (1) any voluntary or involuntary departure from the jurisdiction of the court where the proceedings mentioned in this chapter may have been instituted and are still pending, with the effect of avoiding, impeding, or delay…

Sec. 3. As used in this chapter and as applied to a request to return any individual within the purview of this chapter to or from the District of Columbia, "executive authority", "governor", and "chief magistrate" respectively, includes a justice of the Supreme Court of the Dist…

Sec. 4. An individual alleged to be of unsound mind found in Indiana, who has fled from another state in which at the time of the individual's flight the individual: (1) was under detention by law in a hospital, asylum, or other institution for the insane as an individual of unso…

expenses; authority to transmit fugitive to other state; authority to demand return to this state Sec. 5. (a) Whenever the executive authority of any state demands of the executive authority of Indiana any fugitive described in section 4 of this chapter and produces a copy of com…

Sec. 6. Any proceedings under this chapter must begin within one (1) year after the flight referred to in this chapter. [Pre-1992 Revision Citation: 16-13-9-5.] As added by P.L.2-1992, SEC.22.

Sec. 6. (a) As used in this section, "community mental retardation and other developmental disabilities center" means a community center that is: (1) incorporated under IC 23-7-1.1 (before its repeal August 1, 1991) or IC 23-17; (2) organized for the purpose of providing services…

Sec. 1. This chapter applies to a county having a population of more than two hundred thirty-five thousand (235,000). [Pre-1992 Revision Citation: 12-4-3-1(a).] As added by P.L.2-1992, SEC.24.

Sec. 10. The county home board shall do the following: (1) Fix the salaries of the officers and employees of the county home within the lawfully established appropriations. (2) Supervise the maintenance, operation, and services of the county home. (3) Supervise and safeguard the …

Sec. 11. The county home board shall plan for the effective development of the county home for the public benefit and shall be empowered to cooperate with all agencies of government to accomplish this purpose. [Pre-1992 Revision Citation: 12-4-3-6 part.] As added by P.L.2-1992, S…

Sec. 12. The county home board shall regularly inspect all facilities of the county home. In the inspections, the board shall examine the following: (1) The sufficiency and performance of the personnel. (2) The health, medical care, and nursing care of patients and residents. (3)…

Sec. 13. (a) The county home superintendent shall, with the approval of the county home board, appoint as many assistants as the superintendent and the county home board determine to be necessary to do the following: (1) Administer the activities and services of the county home. …

Sec. 14. (a) Admission of all patients and residents to the county home must be on a voluntary basis and without regard to race, religion, color, sex, national origin, or ancestry. (b) Recipients of old age assistance and blind assistance shall be admitted to the county home on t…