Title 12, TITLE 12. HUMAN SERVICES

Sec. 3. If a defendant violates a condition imposed by the court, the court may order the criminal proceedings to be resumed. [Pre-1992 Revision Citation: 16-13-6.1-15.1(b) part.] As added by P.L.2-1992, SEC.17. IC 12-23-5-4 Fulfillment of conditions; dismissal of charges Sec. 4.…

driving privileges; probationary driving privileges; ignition interlock device Sec. 5. (a) Subject to subsection (b), if a court enters an order conditionally deferring charges that involve a violation of IC 9-30-5, the court shall do the following: (1) Suspend the defendant's dr…

device Sec. 5.5. (a) A person commits a Class B infraction if the person: (1) operates a motor vehicle without a functioning certified ignition interlock device; and (2) is prohibited from operating a motor vehicle unless the motor vehicle is equipped with a functioning certified…

treatment or therapy program Sec. 6. If a defendant is convicted in a proceeding described in section 1 of this chapter and the court places the defendant on probation, the court may do the following: (1) Refer the defendant to an alcohol and drug services treatment program if th…

Sec. 7. Prosecution may be deferred under sections 2 through 5 of this chapter if a defendant has been charged with a misdemeanor or infraction in which the use of alcohol or drugs was a contributing factor or material element of the offense or the defendant's mental illness was …

this chapter of charges of operating vehicle while intoxicated Sec. 8. If: (1) a defendant was previously charged under IC 9-4-1-54 (before its repeal September 1, 1983), IC 9-11-2 (before its repeal July 1, 1991), or IC 9-30-5; and (2) the previous charges were dismissed under t…

Sec. 9. A court may not order a defendant or a convicted individual to complete an alcohol and drug services treatment program under section 2(b)(1) or 6(1) of this chapter unless the court determines that the program in which the individual is to participate is administered by a…

Sec. 1. As used in this chapter, "resident" refers to an individual who has lived continuously in Indiana during the previous year. [Pre-1992 Revision Citation: 16-14-10-1 part.] As added by P.L.2-1992, SEC.18.

Sec. 10. The actual necessary expense incurred in deporting an individual under this chapter shall be paid from the state general fund upon a verified claim made by the director or the director's designee. [Pre-1992 Revision Citation: 16-14-10-6.] As added by P.L.2-1992, SEC.18.…

Sec. 2. For purposes of determining the residence of an individual under this chapter, the following apply: (1) If the individual spent any time in a public or private hospital or institution, the individual is not considered to have lived in Indiana continuously during that peri…

Sec. 3. A resident is entitled to care and maintenance in a state institution if the resident is legally admitted to the state institution. [Pre-1992 Revision Citation: 16-14-10-1 part.] As added by P.L.2-1992, SEC.18.

Sec. 4. The director may authorize the admission of an individual who is not a resident to a state institution if, in the judgment of the director: (1) it cannot be determined if the individual is a resident; or (2) the circumstances of the case constitute sufficient reason to ad…

Sec. 5. The director may order the deportation of an individual found in Indiana who has escaped from an institution of another state even if an application to admit the individual to a state institution has not been made. [Pre-1992 Revision Citation: 16-14-10-1 part.] As added b…

to place of residence; certification of impracticability Sec. 6. (a) The superintendent of a state institution shall notify the director if there is a patient in the state institution who the superintendent believes is not a resident. (b) If the director receives a report under s…

of residence Sec. 7. The director may enter into agreements with authorities of another state that enacts legislation consistent with this chapter for the following: (1) The arbitration of disputed questions between the other state and Indiana concerning the residence of individu…

Sec. 8. The director may consent to the return to Indiana of an individual who is a resident. [Pre-1992 Revision Citation: 16-14-10-5 part.] As added by P.L.2-1992, SEC.18.

Sec. 9. The director shall designate a state institution to do the following: (1) Receive individuals returned to Indiana under this chapter. (2) Provide care for those individuals until committed to the proper state institution. [Pre-1992 Revision Citation: 16-14-10-5 part.] As …

ill individual to a facility; authority of a court to order detention; discharge; treatment Sec. 0.5. (a) A law enforcement officer, having reasonable grounds to believe that an individual has a mental illness, is either dangerous or gravely disabled, and is in immediate need of …

Sec. 1. (a) Except as otherwise provided in this chapter, an individual may be detained in a facility for not more than seventy-two (72) hours under this chapter, excluding Saturdays, Sundays, and legal holidays, if a written application for detention is filed with a court of com…

[Pre-1992 Revision Citation: 16-14-9.1-7(e) part.] As added by P.L.2-1992, SEC.20. Repealed by P.L.205-2023, SEC.18.

Sec. 11. (a) A final hearing required by section 9 of this chapter shall be held not later than fourteen (14) days from the date of the individual's admission to a facility, excluding Saturdays, Sundays, and legal holidays. The purpose of a final hearing is to determine by clear …

taken into custody; transportation, care, and maintenance costs Sec. 12. If it is determined that there was not probable cause to believe that an individual had a mental illness and was dangerous when taken into custody and transported to the facility to be detained, the costs of…

Sec. 13. The following may not be held liable for an act or omission taken in good faith under this chapter, unless the act or omission constitutes gross negligence or willful or wanton misconduct: (1) A facility in which an individual is detained, treated, evaluated, or assessed…

reimbursement for certain nonemergency transports Sec. 2. (a) If a judicial officer authorized to issue a warrant for arrest in the county in which the individual is present approves an application for detention made under section 1 of this chapter, the application authorizes a p…

[Pre-1992 Revision Citation: 16-14-9.1-7(d) part.] As added by P.L.2-1992, SEC.20. Repealed by P.L.205-2023, SEC.12.

[Pre-1992 Revision Citation: 16-14-9.1-7(b).] As added by P.L.2-1992, SEC.20. Repealed by P.L.205-2023, SEC.13.

Sec. 6. (a) If the court does not approve an application for detention under this chapter, the individual shall be discharged from the facility. (b) The application shall be made part of the individual's medical record. [Pre-1992 Revision Citation: 16-14-9.1-7(d) part.] As added …

[Pre-1992 Revision Citation: 16-14-9.1-7(c).] As added by P.L.2-1992, SEC.20. Repealed by P.L.205-2023, SEC.15.

[Pre-1992 Revision Citation: 16-14-9.1-7(e) part.] As added by P.L.2-1992, SEC.20. Repealed by P.L.205-2023, SEC.16.

Sec. 9. After receiving an application for detention under section 1 of this chapter, the court shall, without a hearing, consider the application and may do one (1) of the following: (1) If the court finds that there is not probable cause to detain the individual, order the indi…

Sec. 1. An adult voluntary patient who is not adjudicated mentally incompetent may refuse to submit to treatment or a habilitation program. [Pre-1992 Revision Citation: 16-14-1.6-7 part.] As added by P.L.2-1992, SEC.21.

officer Sec. 2. (a) An involuntary patient who wants to refuse to submit to treatment or a habilitation program may petition the committing court or hearing officer for consideration of the treatment or program. (b) In the absence of a petition made under subsection (a), the serv…

[Pre-1992 Revision Citation: 4-28-21-1 part.] As added by P.L.2-1992, SEC.22. Repealed by P.L.229-2011, SEC.273.

Sec. 10. The division of disability and rehabilitative services shall do the following: (1) Determine the current and projected needs of each geographic area of Indiana for residential services for individuals with a developmental disability and, beginning July 1, 2012, annually …

Sec. 11. (a) A supervised group living facility must have a license or provisional license issued under this chapter to operate. (b) An entity that provides supported living services must be approved by the division under this chapter to operate. [Pre-1992 Revision Citation: 4-28…

Sec. 12. (a) The division may license only those supervised group living facilities that: (1) meet the standards established under section 10 of this chapter; and (2) are necessary to provide adequate services to individuals with a developmental disability in that geographic area…

Sec. 13. The division may revoke: (1) the license of a supervised group living facility; or (2) the approval of an entity that provides supported living services; that no longer meets the standards established under section 10 of this chapter after following the procedures prescr…

Sec. 14. (a) The division may issue a provisional license to a facility that does not qualify for a license under section 12 of this chapter but that provides satisfactory evidence that the facility will qualify within a period prescribed by the division. The period may not excee…

[Pre-1992 Revision Citation: 4-28-21-10(a).] As added by P.L.2-1992, SEC.22. Amended by P.L.23-1992, SEC.10; P.L.4-1993, SEC.216; P.L.5-1993, SEC.229; P.L.6-1995, SEC.33; P.L.255-1996, SEC.10; P.L.141-2006, SEC.76. Repealed by P.L.229-2011, SEC.273.

programs of supervised group living facilities and services Sec. 16. The division of disability and rehabilitative services is the primary state agency responsible for planning, developing, coordinating, and implementing the plan and program of supervised group living facilities …

Sec. 17. The inspection of a facility to determine its compliance with state licensure standards shall be conducted, to the extent feasible, at the same time as the inspection to determine its compliance with federal standards. [Pre-1992 Revision Citation: 4-28-21-11.] As added b…

As added by P.L.23-1992, SEC.11. Amended by P.L.6-1995, SEC.35. Repealed by P.L.111-1997, SEC.9.

waiver for state fiscal years 2015 and 2016; amount of increase Sec. 18.5. (a) The division of disability and rehabilitative services shall increase the reimbursement rate for services provided to an individual who receives services: (1) under a waiver under the federal home and …

Sec. 19. (a) The division may adopt rules under IC 4-22-2 to implement this chapter. (b) After June 30, 2011, rules of the former community residential facilities council (repealed) are considered rules of the division. As added by P.L.23-1992, SEC.12. Amended by P.L.229-2011, SE…

[Pre-1992 Revision Citation: 4-28-21-3(a), (b).] As added by P.L.2-1992, SEC.22. Amended by P.L.23-1992, SEC.5; P.L.4-1993, SEC.214; P.L.5-1993, SEC.227; P.L.111-1997, SEC.5; P.L.272-1999, SEC.49; P.L.263-2001, SEC.1; P.L.141-2006, SEC.74; P.L.99-2007, SEC.146. Repealed by P.L.22…

[Pre-1992 Revision Citation: 4-28-21-3(c) part.] As added by P.L.2-1992, SEC.22. Amended by P.L.23-1992, SEC.6; P.L.263-2001, SEC.2. Repealed by P.L.229-2011, SEC.273.

[Pre-1992 Revision Citation: 4-28-21-3(c) part.] As added by P.L.2-1992, SEC.22. Repealed by P.L.229-2011, SEC.273.

[Pre-1992 Revision Citation: 4-28-21-3(c) part.] As added by P.L.2-1992, SEC.22. Repealed by P.L.229-2011, SEC.273.

[Pre-1992 Revision Citation: 4-28-21-3(d) part.] As added by P.L.2-1992, SEC.22. Amended by P.L.23-1992, SEC.7. Repealed by P.L.229-2011, SEC.273.

[Pre-1992 Revision Citation: 4-28-21-3(d) part.] As added by P.L.2-1992, SEC.22. Amended by P.L.23-1992, SEC.8; P.L.263-2001, SEC.3. Repealed by P.L.229-2011, SEC.273.