CHAPTER 11. TRANSFER OF AN INDIVIDUAL
IC 12-26-11
Chapter 11. Transfer of an Individual
IC 12-26-11-1
Transfers; facilities to which transfers may be made; best interestof individual transferred or other patients
Sec. 1. The superintendent of a facility to which an individual wascommitted under IC 12-26-6 or IC 12-26-7 or to which theindividual's commitment was transferred under this chapter, maytransfer the commitment of the individual to:
(1) a state institution;
(2) a community mental health center;
(3) a community mental retardation and other developmentaldisabilities center;
(4) a federal facility;
(5) a psychiatric unit of a hospital licensed under IC 16-21;
(6) a private psychiatric facility licensed under IC 12-25;
(7) a community residential program for the developmentallydisabled described in IC 12-11-1.1-1(e)(1) orIC 12-11-1.1-1(e)(2); or
(8) an intermediate care facility for the mentally retarded(ICF/MR) that is licensed under IC 16-28 and is not owned bythe state;
if the transfer is likely to be in the best interest of the individual orother patients.
As added by P.L.2-1992, SEC.20. Amended by P.L.2-1993, SEC.115;P.L.24-1997, SEC.59; P.L.272-1999, SEC.47.
IC 12-26-11-2
Declining to admit individual; grounds
Sec. 2. The superintendent of a facility to which the commitmentof an individual is to be transferred may decline to admit theindividual if the superintendent determines that adequate space,treatment staff, or treatment facilities appropriate to the needs of theindividual are not available.
As added by P.L.2-1992, SEC.20.
IC 12-26-11-3
Medical and treatment records; providing copies to facilities towhich individuals transferred
Sec. 3. If an individual is transferred under section 1 of thischapter, the transferring facility shall provide a copy of theindividual's current medical and treatment records to the facility towhich the commitment of the individual is transferred.
As added by P.L.2-1992, SEC.20.
IC 12-26-11-3.5
Transfer from state institution to nonstate community or facility;planning and facilitating transition
Sec. 3.5. If an individual is transferred under section 1 of this
chapter from a state institution administered by the division ofmental health and addiction, the gatekeeper for the individual shallfacilitate and plan, together with the individual and state institution,the individual's transition to the community or to another facility ifthe facility is not a state institution administered by the division ofmental health and addiction.
As added by P.L.6-1995, SEC.26. Amended by P.L.215-2001,SEC.74.
IC 12-26-11-4
Notice of transfer; persons notified
Sec. 4. If the commitment of an individual is transferred toanother facility under section 1 of this chapter, the transferringfacility shall give written notice to each of the following:
(1) The individual's legal guardian.
(2) The individual's parents.
(3) The individual's spouse.
(4) The individual's attorney, if any.
As added by P.L.2-1992, SEC.20.
IC 12-26-11-5
Transfer to substantially more restrictive environment;administrative hearing
Sec. 5. (a) As used in this section, "substantially more restrictiveenvironment" means another facility or that part of a facility that isdesignated as the place providing maximum security for patients.
(b) If the transfer of the commitment of an individual is to asubstantially more restrictive environment, the transferring facilityshall provide the individual with an opportunity for an administrativehearing within ten (10) days after the transfer.
As added by P.L.2-1992, SEC.20. Amended by P.L.40-1994, SEC.59.
IC 12-26-11-6
Petition to set aside transfer
Sec. 6. An individual whose commitment is transferred undersection 1 of this chapter may, within thirty (30) days after thetransfer, petition the committing court for an order setting aside thetransfer and ordering the individual and the individual's medical andtreatment records returned to the facility to which the court originallycommitted the individual.
As added by P.L.2-1992, SEC.20.