337 chapters · 3,371 sections in this title.
Ind. Code § 12-24-2-7 Powers
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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 …
Ind. Code § 12-24-2-9 Repealed
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As added by P.L.192-2002(ss), SEC.155. Repealed by P.L.168-2018, SEC.32.
Ind. Code § 12-25-2-1 Grounds
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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…
Ind. Code § 12-25-2-2 Complaint
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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.
Ind. Code § 12-25-2-3 Notice of hearing
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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…
Ind. Code § 12-25-2-4 Representation by counsel
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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.
Ind. Code § 12-25-2-5 Suspension or revocation of license after a hearing
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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.
Ind. Code § 12-25-2-6 Conditions to be met to resume operations following license
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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…
Ind. Code § 12-25-2-7 Order entered in accordance with suspension or revocation
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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…
Ind. Code § 12-25-2-8 Holding case under advisement; requirements of licensee to
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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…
Ind. Code § 12-26-2-1 Habeas corpus
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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.
Ind. Code § 12-26-2-2 Notice of hearings; receipt of copies of petitions or orders;
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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…
Ind. Code § 12-26-2-3 Testimony and witnesses; application of section
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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…
Ind. Code § 12-26-2-5 Representation by counsel; appointment; proof required by
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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…
Ind. Code § 12-26-2-6 Participation in proceedings or assisting in detention or care of
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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…
Ind. Code § 12-26-2-7 Child's advocate; immunity from civil liability
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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…
Ind. Code § 12-26-2-8 Detention or commitment; rights not affected
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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…
Ind. Code § 12-26-2-9 Refusal to admit; transfer to division
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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…
Ind. Code § 12-27-2-1 Professional and appropriate services or training; humane
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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 …
Ind. Code § 12-27-2-2 Limitations; no known effective treatment or training; services
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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…
Ind. Code § 12-27-2-3 Exercise of constitutional, statutory, and civil rights; rights
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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 …
Ind. Code § 12-28-2-1 Enactment and text of compact
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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.…
Ind. Code § 12-28-2-2 Compact administrator; rules; cooperation
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Sec. 2. (a) Pursuant to the compact described in section 1 of this chapter, the director or a person authorized to act on behalf of the director shall perform the duties of compact administrator. (b) The compact administrator may, acting jointly with like officers of other party …
Ind. Code § 12-28-2-3 Supplementary agreements
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Sec. 3. The compact administrator may enter into supplementary agreements with appropriate officials of other states pursuant to articles 7 and 11 of the compact. If a supplementary agreement requires or contemplates: (1) the use of an institution or a facility of Indiana; or (2)…
Ind. Code § 12-28-2-4 Financial obligations; discharge
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Sec. 4. The compact administrator may, subject to the approval of the chief state fiscal officer, make or arrange for any payments necessary to discharge any financial obligations imposed upon Indiana by the compact or by a supplementary agreement. [Pre-1992 Revision Citation: 16…
Ind. Code § 12-29-2-1 Application of chapter
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Sec. 1. This chapter applies only to the state and local funding of a program of services for individuals with a mental illness that is designated as a community mental health center by the division of mental health and addiction in the division's approval of the program. [Pre-19…
Ind. Code § 12-29-2-1.2 County financial assistance for community mental health
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centers; purposes; appropriation Sec. 1.2. (a) The county executive of a county may authorize the furnishing of financial assistance for the purposes described in subsection (b) to a community mental health center that is located or will be located: (1) in the county; (2) anywher…
Ind. Code § 12-29-2-1.5 Nonfederal share of medical assistance payments
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Sec. 1.5. For purposes of the required nonfederal share of medical assistance payments under Title XIX of the federal Social Security Act (42 U.S.C. 1396 et seq.), a community mental health center is a governmental unit. As added by P.L.127-2020, SEC.7.
Ind. Code § 12-29-2-10 Repealed
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[Pre-1992 Revision Citation: 16-16-1-9(a) part.] As added by P.L.2-1992, SEC.23. Repealed by P.L.37-1998, SEC.1.
Ind. Code § 12-29-2-11 Repealed
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[Pre-1992 Revision Citation: 16-16-1-9(a) part.] As added by P.L.2-1992, SEC.23. Repealed by P.L.37-1998, SEC.1.
Ind. Code § 12-29-2-12 Repealed
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[Pre-1992 Revision Citation: 16-16-1-10.] As added by P.L.2-1992, SEC.23. Repealed by P.L.37-1998, SEC.1.
Ind. Code § 12-29-2-13 Lake County; additional funding of centers; property tax levy
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increase; requirements Sec. 13. (a) This section applies to Lake County. (b) In addition to any other appropriation under this article, the county annually may fund each center serving the county from the county's general fund in an amount not exceeding the following: (1) For 200…
Ind. Code § 12-29-2-14 Operation by uncertified entity; investigations; penalties
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Sec. 14. (a) An entity may not: (1) hold itself out to be a community mental health center; or (2) use the term "community mental health center"; unless the entity is certified by the division of mental health and addiction. (b) The division of mental health and addiction shall i…
Ind. Code § 12-29-2-15 Member of county fiscal body or county board of
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commissioners as a member of the board Sec. 15. (a) A community mental health center that: (1) is certified by the division of mental health and addiction; and (2) is not administered by a hospital licensed under IC 16-21-2; shall include a member of a county fiscal body or a mem…
Ind. Code § 12-29-2-16 Annual report to county fiscal body and county board of
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commissioners; report by the division of mental health and addiction Sec. 16. (a) A community mental health center that is certified by the division of mental health and addiction shall provide an annual report to the division of mental health and addiction and to the fiscal body…
Ind. Code § 12-29-2-17 Issuing county bonds for construction, equipment, or
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improvement Sec. 17. (a) Bonds of a county may be issued for the construction and equipment or the improvement of a building to house a community mental health center. (b) If services are provided to at least two (2) counties: (1) bonds of the counties involved may be issued to p…
Ind. Code § 12-29-2-18 Application of all general statutes relating to issuance of bonds
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Sec. 18. All general Indiana statutes relating to the following apply to the issuance of county bonds under this chapter: (1) The filing of a petition requesting the issuance of bonds. (2) The giving of notice of the following: (A) The filing of the petition requesting the issuan…
Ind. Code § 12-29-2-19 County property of building if bond issued; nonapplication of
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tax limitations Sec. 19. If bonds are issued under this chapter: (1) the building that is constructed, equipped, or improved with proceeds of the bonds is: (A) the property of the county issuing the bonds; or (B) the joint property of the counties involved if the bonds are issued…
Ind. Code § 12-29-2-2 Funding of operation; amount of funding calculation
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Sec. 2. (a) A county shall provide funding for the operation of community mental health centers in the amount determined under subsection (b) or, in the case of Marion County for calendar year 2019, calendar year 2020, and calendar year 2021, the amount determined under subsectio…
Ind. Code § 12-29-2-20 County payments; certification of federal financial
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participation eligibility Sec. 20. (a) Unless otherwise agreed to by the county and the community mental health center, the county payment to the community mental health center shall be paid by the county treasurer to the treasurer of each community mental health center's board o…
Ind. Code § 12-29-2-3 Repealed
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As added by P.L.2-1992, SEC.23. Amended by P.L.79-2002, SEC.2. Repealed by P.L.76-2018, SEC.6.
Ind. Code § 12-29-2-4 Maximum appropriation; allotment to each center;
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determination Sec. 4. The amount derived from the calculation under section 2(b) of this chapter or, in the case of Marion County for calendar year 2019, calendar year 2020, and calendar year 2021, the calculation under section 2(c) of this chapter represents the combined maximum…
Ind. Code § 12-29-2-5 Repealed
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[Pre-1992 Revision Citation: 16-16-1-6(e).] As added by P.L.2-1992, SEC.23. Amended by P.L.40-1994, SEC.63; P.L.1-2004, SEC.55 and P.L.23-2004, SEC.57. Repealed by P.L.76-2018, SEC.8.
Ind. Code § 12-29-2-6 Repealed
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[Pre-1992 Revision Citation: 16-16-1-6(f).] As added by P.L.2-1992, SEC.23. Repealed by P.L.78-2004, SEC.25.
Ind. Code § 12-29-2-7 Appropriation
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Sec. 7. The county fiscal body shall appropriate and approve the money necessary to carry out this chapter. [Pre-1992 Revision Citation: 16-16-1-7.] As added by P.L.2-1992, SEC.23.
Ind. Code § 12-29-2-8 Repealed
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[Pre-1992 Revision Citation: 16-16-1-9(a) part.] As added by P.L.2-1992, SEC.23. Repealed by P.L.37-1998, SEC.1.
Ind. Code § 12-29-2-9 Repealed
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[Pre-1992 Revision Citation: 16-16-1-9(a) part.] As added by P.L.2-1992, SEC.23. Repealed by P.L.37-1998, SEC.1.
Ind. Code § 12-30-2-1 Superintendent; term of office; removal
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Sec. 1. The board of commissioners of each county shall appoint a superintendent of the county home. The superintendent serves for four (4) years from March 1, unless removed for cause under section 5 of this chapter. [Pre-1992 Revision Citation: 12-4-2-1(a).] As added by P.L.2-1…
Ind. Code § 12-30-2-10 Management of home; best interests of county; labor by
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residents; excuse from labor; dismissal for refusing labor Sec. 10. (a) The superintendent of the county home shall manage the county home and its farm to the best interests of the county. (b) The superintendent shall maintain order and discipline and shall assign a reasonable am…
Ind. Code § 12-30-2-11 Rules prescribed by the board of commissioners; suggestions
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made by division; reports Sec. 11. The superintendent of a county home shall carefully observe the rules prescribed by the board of commissioners and shall be guided by suggestions that are made by the division of family resources and the county office. The superintendent shall m…