Title 12, TITLE 12. HUMAN SERVICES

[Pre-1992 Revision Citations: 4-28-2-8(c); 4-28-2-8(e); 12-1-2.1-2(c); 12-1-2.1-2(e); 16-13-1-9(c); 16-13-1-9(g).] As added by P.L.2-1992, SEC.18. Repealed by P.L.100-2012, SEC.33. IC 12-24-3-5 Repealed As added by P.L.41-2009, SEC.2. Repealed by P.L.168-2018, SEC.33.…

taken; notice; bond 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 locat…

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.

application and order 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 Cit…

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. IC 12-25-3-7 Appeal by party aggrieved by decision of court Sec. 7. An…

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…

grounds 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 …

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…

hearing; ordering final hearing 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 …

probable cause finding; discharge or commitment 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…

examining physician; waiver 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 ne…

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…

[Pre-1992 Revision Citation: 16-13-9-2 part.] As added by P.L.2-1992, SEC.22. Repealed by P.L.1-1993, SEC.154.

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…

agent of demanding state; discharge for delay; costs and 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 describe…

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.

[Pre-1992 Revision Citation: 16-16-1-9(b) part.] As added by P.L.2-1992, SEC.23. Amended by P.L.4-1993, SEC.219; P.L.5-1993, SEC.232. Repealed by P.L.24-1997, SEC.66.

[Pre-1992 Revision Citation: 16-16-1-9(b) part.] As added by P.L.2-1992, SEC.23. Amended by P.L.4-1993, SEC.220; P.L.5-1993, SEC.233. Repealed by P.L.24-1997, SEC.66.

[Pre-1992 Revision Citation: 16-16-1-9(b) part.] As added by P.L.2-1992, SEC.23. Amended by P.L.4-1993, SEC.221; P.L.5-1993, SEC.234. Repealed by P.L.24-1997, SEC.66.

[Pre-1992 Revision Citation: 16-16-1-9(b) part.] As added by P.L.2-1992, SEC.23. Amended by P.L.4-1993, SEC.222; P.L.5-1993, SEC.235. Repealed by P.L.24-1997, SEC.66.

[Pre-1992 Revision Citation: 16-16-1-9(c).] As added by P.L.2-1992, SEC.23. Amended by P.L.4-1993, SEC.223; P.L.5-1993, SEC.236. Repealed by P.L.24-1997, SEC.66.

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 …

agencies 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.…

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)…

qualifications; compensation; dismissal 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 acti…

assistance and blind assistance 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 …

Sec. 15. Whenever a patient or resident in the county home requires hospitalization, medical nursing, or other care beyond the facilities of the county home, arrangements shall be made promptly for furnishing that necessary care. [Pre-1992 Revision Citation: 12-4-3-8 part.] As ad…

maintenance of patients and residents Sec. 17. (a) This section applies to a county that does not have a consolidated city. (b) The amount to be charged for the care and maintenance of each patient or resident in the county home shall be fixed as provided by law and may not excee…

care and maintenance of patients and residents Sec. 18. (a) This section applies to a county having a consolidated city. (b) The county home board shall fix a schedule of charges for the care and maintenance of patients or residents and the effective date of the schedule. A sched…

Sec. 19. Money for the operation and maintenance of the county home, the care and support of patients and residents in the county home, and improvements and activities authorized by this chapter and laws supplementary to this chapter shall be provided, levied, appropriated, made …

Sec. 2. (a) The board of commissioners may establish, construct, purchase, lease, convert, or accept and maintain a county home for the support and care of individuals within at least one (1) of the following categories: (1) The aged. (2) The blind. (3) The destitute. (4) The hom…

Sec. 20. Able-bodied residents or ambulatory patients within their physical and mental capacity may be employed on a voluntary basis by the county home superintendent with the approval of the county home board, on the terms for board, maintenance, and compensation that are mutual…

Sec. 21. The county home board, in its legal capacity and under its own name, may prosecute and defend suits. A suit brought against the county home board may be begun in the circuit or superior court or any other court with jurisdiction in the county. A notice or summons concern…

Sec. 22. The board has all other rights and powers and shall perform all other duties that are: (1) necessary to administer this chapter; and (2) not inconsistent with this chapter. [Pre-1992 Revision Citation: 12-4-3-12 part.] As added by P.L.2-1992, SEC.24.

expenditures Sec. 23. (a) The county home board may receive and administer any gift, devise, or bequest of personal property, including the income from real property, to or for the benefit of the county home or for the benefit of residents or patients who are admitted to the care…

Sec. 24. The premiums on all bonds and liability insurance that an officer or a person is required by this chapter to execute by law or by action of the county home board shall be paid in the same manner as other expenses of the county home are paid out of the appropriation for f…

Sec. 25. The: (1) members of the county home board; (2) the county home superintendent; and (3) officers and employees of the county home; are not personally liable, except to the state or the county, for an official act done or omitted in connection with the performance of dutie…

Sec. 26. An officer or employee of the county home may, upon written authorization by the county home board, administer the oaths and affirmations required to carry out the purposes of this chapter. [Pre-1992 Revision Citation: 12-4-3-16.] As added by P.L.2-1992, SEC.24.