Title 12, TITLE 12. HUMAN SERVICES

concerning developmental disabilities Sec. 1. (a) A rule adopted by the department of mental health concerning developmental disabilities under IC 16-13-1 (before its repeal by P.L.9-1991) is valid and effective until the division of disability and rehabilitative services adopts …

concerning the handicapped infants and toddlers program Sec. 10. (a) Except as provided in subsection (b), a rule adopted by the department of mental health concerning the handicapped infants and toddlers program, before its repeal by P.L.9-1991, is valid and effective until the …

education concerning the school age child care project fund Sec. 11. (a) Except as provided in subsection (b), a rule adopted by the Indiana state board of education concerning the school age child care project fund, before its repeal by P.L.9-1991, is valid and effective until t…

coordination of human services concerning the school age child care project fund Sec. 13. (a) Except as provided in subsection (b), a rule adopted by the interdepartmental board for the coordination of human service programs concerning the school age child care project fund, befo…

concerning case management services for developmentally disabled Sec. 2. (a) A rule adopted by the department of mental health concerning case management services for developmentally disabled persons under IC 16-14-31 (before its repeal by P.L.9-1991) is valid and effective until…

concerning residential facilities Sec. 3. (a) A rule adopted by the department of mental health concerning residential facilities under IC 16-13-21 or IC 16-13-22, as amended by P.L.9-1991 and before their repeal, is valid and effective until the division of disability and rehabi…

concerning child care licensing Sec. 4. (a) A rule adopted by the state board of health concerning child care licensing under IC 12-3-2, as amended by P.L.9-1991 and before its repeal, is valid and effective until the division of family and children adopts a rule under IC 4-22-2 …

welfare concerning room and board assistance Sec. 5. (a) A rule adopted by the state department of public welfare concerning room and board assistance under IC 12-1-5.5, as repealed by P.L.9-1991, is valid and effective until the division of disability and rehabilitative services…

welfare concerning Medicaid Sec. 6. (a) A rule adopted by the state department of public welfare concerning the state medical assistance plan (Medicaid) under IC 12-1-7 (before its repeal) before January 1, 1992, is valid and effective until the secretary appointed under IC 12-6-…

concerning social services Sec. 7. (a) A rule adopted by the department of human services concerning social services under IC 4-28-6, as repealed by P.L.9-1991, is valid and effective until the division of family and children adopts a rule under IC 4-22-2 that: (1) supersedes in …

coordination of human services concerning the school age child care project fund Sec. 8. (a) A rule adopted by the interdepartmental board for the coordination of human services concerning the school age child care project fund under IC 20-5-61, as repealed by P.L.9-1991, is vali…

concerning epilepsy services Sec. 9. (a) A rule adopted by the department of mental health concerning epilepsy services is valid and effective until the division of disability and rehabilitative services adopts a rule under IC 4-22-2 that: (1) supersedes in whole or in part the d…

[Pre-1992 Revision Citations: 4-28-2-4; 4-28-2-9.] As added by P.L.2-1992, SEC.3. Repealed by P.L.6-2012, SEC.87.

result of official acts; defense by state; exceptions 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…

Sec. 1. As used in this chapter, "adult protective services unit" refers to the entity with whom the division contracts to carry out the duties listed in section 8 of this chapter. [Pre-1992 Revision Citations: 4-28-5-1; 4-28-5-4.5 part.] As added by P.L.2-1992, SEC.4. Amended by…

Sec. 10. (a) Each endangered adult report made under this chapter shall be communicated immediately to at least one (1) of the following: (1) The adult protective services unit. (2) A law enforcement agency. (3) The division by telephone on the statewide toll free telephone numbe…

information; whistleblower retaliation Sec. 11. (a) A person, other than a person against whom a complaint concerning an endangered adult has been made, who in good faith: (1) makes or causes to be made a report required to be made under this chapter; (2) testifies or participate…

services standards of practice Sec. 12. The division shall establish the following: (1) A statewide toll free telephone line continuously open to receive reports of suspected neglect, battery, or exploitation. (2) Standards of practice established with the concurrence of the pros…

Sec. 13. The division shall maintain the following: (1) Records on individuals that the division and adult protective services units have determined to be endangered adults and the protective services needed. (2) Records of agencies, persons, or institutions who are determined to…

Sec. 14. The division shall refer reports of neglect, battery, or exploitation to appropriate adult protective services units. [Pre-1992 Revision Citation: 4-28-5-9(c).] As added by P.L.2-1992, SEC.4.

Sec. 15. Reports made under this chapter and any other information obtained, reports written, or photographs taken concerning the reports are confidential and may be made available only to the individuals authorized in section 13 of this chapter as determined necessary by the div…

[Pre-1992 Revision Citation: 4-28-5-9(e).] As added by P.L.2-1992, SEC.4. Repealed by P.L.153-2011, SEC.20.

facility Sec. 17. If an adult protective services unit receives a report alleging that an individual who is a resident of a facility licensed under IC 16-28 is an endangered adult, the adult protective services unit shall immediately communicate the report to the Indiana departme…

Sec. 18. If it appears that the immediate health or safety of an endangered adult is in danger, the division or adult protective services unit shall immediately refer the matter to the appropriate law enforcement agency and shall assist the law enforcement agency as requested by …

Sec. 19. The circuit and superior courts with jurisdiction in the county in which the alleged endangered adult resides have original and concurrent jurisdiction over a matter filed under this chapter. [Pre-1992 Revision Citation: 4-28-5-11(b).] As added by P.L.2-1992, SEC.4. IC 1…

Sec. 2. (a) Except as provided in subsection (b), as used in this chapter, "endangered adult" means an individual who is: (1) at least eighteen (18) years of age; (2) incapable by reason of mental illness, intellectual disability, dementia, habitual drunkenness, excessive use of …

Sec. 21. If an alleged endangered adult does not or is unable to consent to the receipt of protective services arranged by the division or the adult protective services unit or withdraws consent previously given, the adult protective services unit, either directly or through the …

Sec. 21.5. Before a petition for: (1) a protective order under section 21 of this chapter; or (2) an emergency protective order under section 28 of this chapter; of this chapter is filed, the petitioner must attempt to give actual notice of the petition to the alleged endangered …

Sec. 23. The court may require an individual to receive protective services only if the court finds, after a hearing, that the individual: (1) is an endangered adult; (2) is in need of protective services; and (3) lacks the ability to make an informed decision concerning the enda…

Sec. 24. If, after a hearing, the court determines that an endangered adult should be required to receive protective services, the court shall issue a protective services order. The order must stipulate the following: (1) The objectives of the protective services order. (2) The l…

motion Sec. 25. The court may modify or terminate a protective services order upon its own motion or upon the motion of any of the following: (1) The endangered adult. (2) The endangered adult's guardian, custodian, or guardian ad litem. (3) The adult protective services unit. (4…

Sec. 26. Every six (6) months after the date of the original protective services order or more often if ordered by the court, the adult protective services unit shall petition the court to hold a hearing on the question of continuing jurisdiction. For jurisdiction to continue, th…

services Sec. 27. The court may issue an order to: (1) enjoin a person from interference with the delivery of a protective service ordered under section 24 of this chapter; or (2) direct a person to take actions to implement the delivery of the protective services ordered under s…

interference injunction; duration Sec. 28. (a) If: (1) an alleged endangered adult does not or is unable to consent to the receipt of protective services arranged by the division or the adult protective services unit or withdraws consent previously given; and (2) the endangered a…

liability Sec. 29. An officer, agency, or employee of the division or adult protective services unit who performs duties in good faith under this chapter in rendering care to an endangered adult is immune from both civil and criminal liability arising from acts or omissions in re…

Sec. 3. As used in this chapter, "governmental entity" means an office or a department that is under the direct supervision of a local elected official or a county office. [Pre-1992 Revision Citation: 4-28-5-3.] As added by P.L.2-1992, SEC.4. Amended by P.L.4-1993, SEC.36; P.L.5-…

Sec. 30. The division shall report to the general assembly before February 2 of each year concerning the division's activities under this chapter during the preceding calendar year. The report must include the recommendations of the division relating to the need for continuing ca…

Sec. 31. An individual is not in need of protective services under this chapter: (1) solely for the reason that the individual is being provided spiritual treatment in accordance with a recognized religious method of healing instead of specified medical treatment; and (2) if the …

Sec. 4. As used in this chapter, "life threatening emergency" means a situation in which: (1) a severe threat to the life or health of an endangered adult exists; (2) immediate care or treatment is required to alleviate that threat; and (3) the endangered adult is unable to provi…

Sec. 5. As used in this chapter, "protective services" refers to available medical, psychiatric, residential, and social services that are necessary to protect the health or safety of an endangered adult. [Pre-1992 Revision Citation: 4-28-5-4.] As added by P.L.2-1992, SEC.4.

Sec. 6. For the purposes of this chapter, an individual has "reason to believe" that a particular adult is an endangered adult if the individual has been presented with evidence that, if presented to an individual of similar background and training, would cause the individual to …

Sec. 7. (a) The division shall provide coverage for the services required in each county under this chapter and may contract with: (1) a prosecuting attorney; (2) a prosecuting attorney to perform part of the services and a governmental entity qualified to perform the remainder o…

individual is endangered adult Sec. 8. If the adult protective services unit has reason to believe that an individual is an endangered adult, the adult protective services unit shall do the following: (1) Investigate the complaint or cause the complaint to be investigated by a la…

abandonment, or neglect Sec. 8.5. (a) If, during an investigation under section 8 of this chapter, an adult protective services unit observes, or has reason to believe, that an animal is a victim of animal cruelty, abandonment, or neglect, the adult protective services unit may m…

Sec. 9. (a) An individual who believes or has reason to believe that another individual is an endangered adult shall make a report under this chapter. (b) If an individual is required to make a report under this chapter in the individual's capacity as a member of the staff of a m…

Sec. 1. The bureau shall: (1) establish, equip, and operate; or (2) contract to establish, equip, and operate; a rehabilitation center to assure that comprehensive rehabilitation services are available to blind and visually impaired individuals. [Pre-1992 Revision Citation: 4-28-…

Sec. 2. The rehabilitation center may provide services and programs, including the following: (1) Communication skills training. (2) Orientation and mobility services. (3) Activities of daily living services. (4) Vocational evaluation services. (5) Vocational adjustment services.…

sheltered work placement Sec. 3. The rehabilitation center may provide vocational skills training programs to provide blind and visually impaired individuals with training in the skills necessary for placement in competitive employment in the community. Sheltered work may be prov…

[1992 Revision Citation: New.] As added by P.L.2-1992, SEC.7. Repealed by P.L.6-2012, SEC.91.

damages 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 of…