CHAPTER 3. ADULT PROTECTIVE SERVICES
IC 12-10-3
Chapter 3. Adult Protective Services
IC 12-10-3-1
"Adult protective services unit" defined
Sec. 1. As used in this chapter, "adult protective services unit"refers to the entity with whom the division contracts to carry out theduties listed in section 8 of this chapter.
As added by P.L.2-1992, SEC.4. Amended by P.L.21-1996, SEC.2.
IC 12-10-3-2
"Endangered adult" defined
Sec. 2. (a) Except as provided in subsection (b), as used in thischapter, "endangered adult" means an individual who is:
(1) at least eighteen (18) years of age;
(2) incapable by reason of mental illness, mental retardation,dementia, habitual drunkenness, excessive use of drugs, or otherphysical or mental incapacity of managing or directing themanagement of the individual's property or providing ordirecting the provision of self-care; and
(3) harmed or threatened with harm as a result of:
(A) neglect;
(B) battery; or
(C) exploitation of the individual's personal services orproperty.
(b) For purposes of IC 12-10-3-17, IC 35-42-2-1, andIC 35-46-1-13, "endangered adult" means an individual who is:
(1) at least eighteen (18) years of age;
(2) incapable by reason of mental illness, mental retardation,dementia, or other physical or mental incapacity of managing ordirecting the management of the individual's property orproviding or directing the provision of self-care; and
(3) harmed or threatened with harm as a result of:
(A) neglect; or
(B) battery.
(c) An individual is not an endangered adult solely:
(1) for the reason that the individual is being provided spiritualtreatment in accordance with a recognized religious method ofhealing instead of specified medical treatment if the individualwould not be considered to be an endangered adult if theindividual were receiving the medical treatment; or
(2) on the basis of being physically unable to provide self carewhen appropriate care is being provided.
As added by P.L.2-1992, SEC.4. Amended by P.L.77-1992, SEC.1;P.L.24-1997, SEC.21; P.L.281-2003, SEC.1.
IC 12-10-3-3
"Governmental entity" defined
Sec. 3. As used in this chapter, "governmental entity" means anoffice or a department that is under the direct supervision of a local
elected official or a county office.
As added by P.L.2-1992, SEC.4. Amended by P.L.4-1993, SEC.36;P.L.5-1993, SEC.49.
IC 12-10-3-4
"Life threatening emergency" defined
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 adultexists;
(2) immediate care or treatment is required to alleviate thatthreat; and
(3) the endangered adult is unable to provide or obtain thenecessary care or treatment.
As added by P.L.2-1992, SEC.4.
IC 12-10-3-5
"Protective services" defined
Sec. 5. As used in this chapter, "protective services" refers toavailable medical, psychiatric, residential, and social services that arenecessary to protect the health or safety of an endangered adult.
As added by P.L.2-1992, SEC.4.
IC 12-10-3-6
"Reason to believe" defined
Sec. 6. For the purposes of this chapter, an individual has "reasonto believe" that a particular adult is an endangered adult if theindividual has been presented with evidence that, if presented to anindividual of similar background and training, would cause theindividual to believe that the adult is an endangered adult.
As added by P.L.2-1992, SEC.4.
IC 12-10-3-7
Contracting for services
Sec. 7. (a) The division shall provide coverage for the servicesrequired 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 agovernmental entity qualified to perform the remainder of theservices required; or
(3) if a prosecuting attorney decides not to enter into a contract,a governmental entity qualified to provide the services required.
(b) The contracts entered into by the division under this sectionmust specify that the notification provisions described in sections21(4) and 28(b)(5) of this chapter must be followed.
(c) A prosecuting attorney who is contracted to provide servicesunder this section may perform services under this chapter inaccordance with subsection (d) and (e).
(d) Except as provided in subsection (e), a prosecuting attorneywho has contracted to provide services under this section may
provide services in another county if:
(1) the prosecuting attorney of the other county has not enteredinto a contract with the division to provide services; or
(2) the prosecuting attorney of the other county requests theprosecuting attorney to provide services.
(e) Services provided by a prosecuting attorney who is providingservices in another county under this section may include theinvestigation of matters related to the abuse, neglect, or exploitationof an endangered adult. However, a prosecuting attorney who isproviding services in another county under this section may notinitiate any judicial proceeding (including seeking a temporaryrestraining order, an order for protection, or a similar order from acourt) in the other county.
As added by P.L.2-1992, SEC.4. Amended by P.L.110-1996, SEC.1;P.L.21-1996, SEC.3; P.L.116-2007, SEC.1.
IC 12-10-3-8
Duties of adult protective services unit having reason to believeindividual is endangered adult
Sec. 8. If the adult protective services unit has reason to believethat an individual is an endangered adult, the adult protectiveservices unit shall do the following:
(1) Investigate the complaint or cause the complaint to beinvestigated by a law enforcement or other agency and make adetermination as to whether the individual reported is anendangered adult.
(2) Upon a determination that an individual is an endangeredadult under this chapter, do the following:
(A) Initiate procedures that the adult protective services unitdetermines are necessary, based on an evaluation of theneeds of the endangered adult, to protect the endangeredadult.
(B) Coordinate and cooperate with the division or otherappropriate person to obtain protective services for theendangered adult, including the development of a plan incooperation with the endangered adult, whereby the leastrestrictive protective services necessary to protect theendangered adult will be made available to the endangeredadult.
(C) Monitor the protective services provided the endangeredadult to determine the effectiveness of the services.
(D) Comply with the notification requirements described insections 21(4) and 28(b)(5) of this chapter.
As added by P.L.2-1992, SEC.4. Amended by P.L.110-1996, SEC.2.
IC 12-10-3-9
Duty to report endangered adult
Sec. 9. (a) An individual who believes or has reason to believethat another individual is an endangered adult shall make a reportunder this chapter. (b) If an individual is required to make a report under this chapterin the individual's capacity as a member of the staff of a medical orother public or private institution, school, hospital, facility, oragency, the individual shall immediately notify the individual incharge of the institution, school, hospital, facility, or agency, or theindividual's designated agent, who also becomes responsible to reportor cause a report to be made.
(c) This section does not relieve an individual of the obligation toreport on the individual's own behalf, unless a report has alreadybeen made to the best of the individual's belief.
As added by P.L.2-1992, SEC.4.
IC 12-10-3-10
Reports; communication; contents
Sec. 10. (a) Each endangered adult report made under this chaptershall be communicated immediately to at least one (1) of thefollowing:
(1) The adult protective services unit.
(2) A law enforcement agency.
(3) The division by telephone on the statewide toll freetelephone number established under section 12 of this chapter.
(b) A law enforcement agency that receives an endangered adultreport shall immediately communicate the report to the adultprotective services unit and the unit shall notify the division of thereport.
(c) Reports must include as much of the following information asis known:
(1) The name, age, and address of the endangered adult.
(2) The names and addresses of family members or otherpersons financially responsible for the endangered adult's careor other individuals who may be able to provide relevantinformation.
(3) The apparent nature and extent of the alleged neglect,battery, or exploitation and the endangered adult's physical andmental condition.
(4) The name, address, and telephone number of the reporterand the basis of the reporter's knowledge.
(5) The name and address of the alleged offender.
(6) Any other relevant information regarding the circumstancesof the endangered adult.
As added by P.L.2-1992, SEC.4. Amended by P.L.21-1996, SEC.4.
IC 12-10-3-11
Immunity from civil and criminal liability; privileged information;whistleblower retaliation
Sec. 11. (a) A person, other than a person against whom acomplaint concerning an endangered adult has been made, who ingood faith:
(1) makes or causes to be made a report required to be madeunder this chapter; (2) testifies or participates in any investigation or administrativeor judicial proceeding on matters arising from the report;
(3) makes or causes to be made photographs or x-rays of anendangered adult; or
(4) discusses a report required to be made under this chapterwith the division, the adult protective services unit, a lawenforcement agency, or other appropriate agency;
is immune from both civil and criminal liability arising from thoseactions.
(b) An individual may not be excused from testifying before acourt or grand jury concerning a report made under this chapter onthe basis that the testimony is privileged information, unless theindividual is an attorney, a physician, a clergyman, a husband, or awife who is not required to testify under IC 34-46-3-1.
(c) An employer may not discharge, demote, transfer, prepare anegative work performance evaluation, or reduce benefits, pay, orwork privileges, or take any other action to retaliate against anemployee who in good faith files a report under this chapter.
As added by P.L.2-1992, SEC.4. Amended by P.L.1-1998, SEC.102.
IC 12-10-3-12
Toll free report hotline
Sec. 12. The division shall establish a statewide toll freetelephone line continuously open to receive reports of suspectedneglect, battery, or exploitation.
As added by P.L.2-1992, SEC.4.
IC 12-10-3-13
Records; availability
Sec. 13. The division shall maintain the following:
(1) Records on individuals that the division and adult protectiveservices units have determined to be endangered adults and theprotective services needed.
(2) Records of agencies, persons, or institutions who aredetermined to have permitted neglect, battery, or exploitation ofendangered adults.
(3) Nonidentifying statistical records concerningunsubstantiated reports about endangered adults.
The information maintained under this section shall be used solelyfor statistical purposes and must be available to law enforcementofficials, state licensing agencies, and other officials and employeesof municipal, county, and state government having a legitimateinterest in the welfare of individuals who may be endangered adultsor who have a legitimate interest in the operation of agencies orinstitutions providing care to individuals served under this chapter.
As added by P.L.2-1992, SEC.4.
IC 12-10-3-14
Referral of reports of endangerment
Sec. 14. The division shall refer reports of neglect, battery, or
exploitation to appropriate adult protective services units.
As added by P.L.2-1992, SEC.4.
IC 12-10-3-15
Confidentiality of reports; exceptions
Sec. 15. Reports made under this chapter and any otherinformation obtained, reports written, or photographs takenconcerning the reports are confidential and may be made availableonly to the individuals authorized in section 13 of this chapter asdetermined necessary by the division:
(1) for purposes of providing or monitoring protective servicesunder this chapter;
(2) with the consent of all parties named in the report; or
(3) upon the issuance of a court order releasing the information.
As added by P.L.2-1992, SEC.4. Amended by P.L.110-1996, SEC.3.
IC 12-10-3-16
Destruction of unsubstantiated reports
Sec. 16. If the adult protective services unit determines that areport concerning an endangered adult is unsubstantiated, the adultprotective services unit and the division shall destroy any identifyingrecords the unit and division possess concerning the report.
As added by P.L.2-1992, SEC.4.
IC 12-10-3-17
Response to report of endangered adult in licensed health facility
Sec. 17. If an adult protective services unit receives a reportalleging that an individual who is a resident of a facility licensedunder IC 16-28 is an endangered adult, the adult protective servicesunit shall immediately communicate the report to the statedepartment of health under IC 16-28-4-1.
As added by P.L.2-1992, SEC.4. Amended by P.L.2-1993, SEC.77;P.L.281-2003, SEC.2.
IC 12-10-3-18
Timely referral to appropriate responder
Sec. 18. If it appears that the immediate health or safety of anendangered adult is in danger, the division or adult protectiveservices unit shall immediately refer the matter to the appropriate lawenforcement agency and shall assist the law enforcement agency asrequested by that agency. In all other cases, referral to theappropriate adult protective services unit shall be made within five(5) working days after the receipt of a report.
As added by P.L.2-1992, SEC.4.
IC 12-10-3-19
Court jurisdiction
Sec. 19. The circuit and superior courts with jurisdiction in thecounty in which the alleged endangered adult resides have originaland concurrent jurisdiction over a matter filed under this chapter.As added by P.L.2-1992, SEC.4.
IC 12-10-3-20
Protective services consented to by endangered adult andinterfered with by another; judicial intervention
Sec. 20. If an endangered adult gives consent to receive protectiveservices arranged by the division or adult protective services unit andanother person interferes with the delivery of the services, thedivision or adult protective services unit may, through theprosecuting attorney's office of the county in which the endangeredadult resides, petition the circuit or superior court for an order to dothe following:
(1) Enjoin the interference with the delivery of the services.
(2) Implement the delivery of services the endangered adult hasconsented to receive.
As added by P.L.2-1992, SEC.4.
IC 12-10-3-21
Involuntary protective services; petition
Sec. 21. If an alleged endangered adult does not or is unable toconsent to the receipt of protective services arranged by the divisionor the adult protective services unit or withdraws consent previouslygiven, the adult protective services unit, either directly or through theprosecuting attorney's office in the county in which the endangeredadult resides, may petition the court to require the allegedendangered adult to receive protective services. Any person uponconsent of the adult protective services unit, may petition the courtto require the alleged endangered adult to receive protective services.The petition must be under oath or affirmation and must include thefollowing:
(1) The name, age, and residence of the alleged endangeredadult who is to receive protective services.
(2) The nature of the problem or reason for the filing of thepetition for protective order.
(3) The name and address of the petitioner and the name andaddress of the person or organization that may be required tocomplete the court ordered protective services. If the petitioneris an organization, the petition must contain informationconcerning the title and authority of the individual filing onbehalf of that organization.
(4) Certification that:
(A) notice of the petition has been given to the allegedendangered adult, the alleged endangered adult's attorney, ifany, or the alleged endangered adult's next of kin orguardian, if any; and
(B) section 21.5 of this chapter regarding notice to thealleged endangered adult's next of kin has been compliedwith.
If notice has not been given, a description of the attempts togive notice shall be given. (5) The name and address of the individuals most closelyrelated by blood or marriage to the alleged endangered adult, ifknown.
(6) A description of the proposed protective services to beprovided.
(7) A statement that the adult protective services unit has beennotified and consented to the petition if the petitioner is not theadult protective services unit.
As added by P.L.2-1992, SEC.4. Amended by P.L.110-1996, SEC.4;P.L.272-1999, SEC.28.
IC 12-10-3-21.5
Notice of petition
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 thischapter;
of this chapter is filed, the petitioner must attempt to give actualnotice of the petition to the alleged endangered adult's next of kin, ifany. However, if the alleged endangered adult's next of kin cannot belocated, notice to the last known address of the next of kin must besent by certified mail on the same date that the petition is filed.
As added by P.L.110-1996, SEC.5.
IC 12-10-3-22
Hearing; counsel
Sec. 22. At a hearing at which a court determines whether anendangered adult should be required to receive protective services,the endangered adult is entitled to the following:
(1) To be represented by counsel.
(2) To have the court appoint counsel for the endangered adultif the court determines the endangered adult is indigent.
As added by P.L.2-1992, SEC.4.
IC 12-10-3-23
Mandatory protective services; grounds
Sec. 23. The court may require an individual to receive protectiveservices 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 concerningthe endangered adult's need for protective services.
As added by P.L.2-1992, SEC.4.
IC 12-10-3-24
Protective services order; stipulations
Sec. 24. If, after a hearing, the court determines that anendangered adult should be required to receive protective services,the court shall issue a protective services order. The order muststipulate the following: (1) The objectives of the protective services order.
(2) The least restrictive protective services necessary to attainthe objectives of the protective services order that theendangered adult must receive.
(3) The duration during which the endangered adult mustreceive the protective services.
(4) That the adult protective services unit or other persondesignated by the court shall do the following:
(A) Provide or arrange for the provision of the protectiveservices ordered by the court.
(B) Petition the court to modify or terminate the protectiveservices order if:
(i) the protective services ordered by the court have notbeen effective in attaining the objectives of the protectiveservices order;
(ii) the physical or mental health of the endangered adultis no longer in danger and the termination of the protectiveservices order will not be likely to place the endangeredadult's physical or mental health in danger; or
(iii) the endangered adult has consented to receive theprotective services ordered by the court.
As added by P.L.2-1992, SEC.4.
IC 12-10-3-25
Modification or termination of protective services order; motion
Sec. 25. The court may modify or terminate a protective servicesorder upon its own motion or upon the motion of any of thefollowing:
(1) The endangered adult.
(2) The endangered adult's guardian, custodian, or guardian adlitem.
(3) The adult protective services unit.
(4) Any person providing services to the endangered adultunder the protective services order.
As added by P.L.2-1992, SEC.4.
IC 12-10-3-26
Continuing jurisdiction hearing; necessary findings
Sec. 26. Every six (6) months after the date of the originalprotective services order or more often if ordered by the court, theadult protective services unit shall petition the court to hold a hearingon the question of continuing jurisdiction. For jurisdiction tocontinue, the court must find one (1) of the following:
(1) That the objectives of the order have not been attained, butthat there is a reasonable probability that the objectives will beattained if the order is continued with or without modifications.
(2) That the objectives of the order have been attained, but thattermination of the order will likely place the endangered adult'sphysical or mental health in danger.
As added by P.L.2-1992, SEC.4.
IC 12-10-3-27
Orders protecting or implementing delivery of protective services
Sec. 27. The court may issue an order to:
(1) enjoin a person from interference with the delivery of aprotective service ordered under section 24 of this chapter; or
(2) direct a person to take actions to implement the delivery ofthe protective services ordered under section 24 of this chapter.
As added by P.L.2-1992, SEC.4. Amended by P.L.77-1992, SEC.2.
IC 12-10-3-28
Emergency protective orders; petition; hearing; stipulations;interference injunction; duration
Sec. 28. (a) If:
(1) an alleged endangered adult does not or is unable to consentto the receipt of protective services arranged by the division orthe adult protective services unit or withdraws consentpreviously given; and
(2) the endangered adult is involved in a life threateningemergency;
the adult protective services unit, either directly or through theprosecuting attorney's office of the county in which the allegedendangered adult resides, may petition the superior or circuit courtin the county where the alleged endangered adult resides for anemergency protective order.
(b) A petition for an emergency protective order must be underoath or affirmation and must include the following:
(1) The name, age, and residence of the endangered adult whois to receive emergency protective services.
(2) The nature of the problem and an allegation that a lifethreatening emergency exists.
(3) Evidence that immediate and irreparable injury will resultif there is a delay in the provision of services.
(4) The name and address of the petitioner who is filing thepetition and the name and address of the person or organizationthat may be required to complete the court ordered emergencyprotective services.
(5) Certification that:
(A) notice has been given to the alleged endangered adult,the alleged endangered adult's attorney, if any, or the allegedendangered adult's next of kin, if any; and
(B) section 21.5 of this chapter regarding notice to thealleged endangered adult's next of kin has been compliedwith.
If notice has not been given, a description of the attempts togive notice shall be given.
(6) A description of the emergency protective services to beprovided.
(c) If, after the hearing of the petition, the court determines thatthe endangered adult should be required to receive emergencyprotective services, the court shall issue an emergency protective
order if the court finds the following:
(1) The individual is an endangered adult.
(2) A life threatening emergency exists.
(3) The endangered adult is in need of the proposed emergencyprotective services.
The court may issue the order ex parte.
(d) An emergency protective order must stipulate the following:
(1) The objectives of the emergency protective order.
(2) The least restrictive emergency protective servicesnecessary to attain the objectives of the emergency protectiveorder that the endangered adult must receive.
(3) The duration during which the endangered adult mustreceive the emergency protective services.
(4) That the emergency protective services unit or other persondesignated by the court shall do the following:
(A) Provide or arrange for the provision of the emergencyprotective services ordered by the court.
(B) Petition the court to modify or terminate the emergencyprotective order if:
(i) the emergency protective services ordered by the courthave not been effective in attaining the objectives of theemergency protective order;
(ii) the physical or mental health of the endangered adultis no longer in danger and the termination of theemergency protective order will not be likely to place theendangered adult's physical or mental health in danger; or
(iii) the endangered adult has consented to receive theemergency protective services ordered by the court.
(e) The court may issue an order to:
(1) enjoin a person from interfering with the delivery ofservices ordered by an emergency protective order issued underthis section; or
(2) direct a person to take actions to implement the delivery ofservices ordered by an emergency protective order issued underthis section.
(f) An emergency protective order issued under this section maynot remain in effect for longer than:
(1) ten (10) days; or
(2) thirty (30) days if the adult protective services unit showsthe court that an extraordinary need exists that requires theorder to remain in effect for not more than thirty (30) days.
(g) If at the expiration of an order the adult protective servicesunit determines that the endangered adult is in need of furtherprotective services and that the endangered adult does not consent tothe receipt of the services, a petition may be filed under section 21of this chapter.
As added by P.L.2-1992, SEC.4. Amended by P.L.77-1992, SEC.3;P.L.110-1996, SEC.6; P.L.272-1999, SEC.29.
IC 12-10-3-29 Immunity of division or unit personnel from civil or criminalliability
Sec. 29. An officer, agency, or employee of the division or adultprotective services unit who performs duties in good faith under thischapter in rendering care to an endangered adult is immune fromboth civil and criminal liability arising from acts or omissions inrendering the service or care to the endangered adult.
As added by P.L.2-1992, SEC.4.
IC 12-10-3-29.5
Appointment as representative of endangered adult
Sec. 29.5. (a) Except as provided in subsection (b), an adultprotective services unit or a staff member of the adult protectiveservices unit on the basis of the staff member's employment may notbe designated as:
(1) a personal representative;
(2) a health care representative;
(3) a guardian;
(4) a guardian ad litem; or
(5) any other type of representative;
for an endangered adult.
(b) The:
(1) county prosecutor in the county in which the adultprotective services unit is located; or
(2) head of the governmental entity if the adult protectiveservices unit is operated by a governmental entity;
may give written permission for an adult protective services unit ora staff member of the adult protective services unit to be designatedas a representative described in subsection (a)(1) through (a)(5).
As added by P.L.141-2006, SEC.40.
IC 12-10-3-30
Annual report
Sec. 30. The division shall report to the general assembly beforeFebruary 2 of each year concerning the division's activities under thischapter during the preceding calendar year. The report must includethe recommendations of the division relating to the need forcontinuing care of endangered adults under this chapter and must bein an electronic format under IC 5-14-6.
As added by P.L.2-1992, SEC.4. Amended by P.L.21-1996, SEC.5;P.L.28-2004, SEC.89.
IC 12-10-3-31
Persons not needing protective services
Sec. 31. An individual is not in need of protective services underthis chapter:
(1) solely for the reason that the individual is being providedspiritual treatment in accordance with a recognized religiousmethod of healing instead of specified medical treatment; and
(2) if the individual would not be considered to be an
endangered adult if the individual were receiving the medicaltreatment.
As added by P.L.77-1992, SEC.4.