CHAPTER 1. INDIANA PROTECTION AND ADVOCACY SERVICE COMMISSION
IC 12-28
ARTICLE 28. MISCELLANEOUS PROVISIONSCONCERNING MENTAL ILLNESS ANDDEVELOPMENTAL DISABILITIES
IC 12-28-1
Chapter 1. Indiana Protection and Advocacy Service Commission
IC 12-28-1-1
Policy; purpose; liberal construction
Sec. 1. (a) It is the policy of the state that every individual with adevelopmental disability, individual with a mental illness, andindividual seeking or receiving vocational rehabilitation services hasthe same right to legal and other professional and lay representationalservices to promote, protect, and advocate the individual's interestsas any other individual.
(b) It is the intent of this chapter to secure to the state, the state'slocal units of government, and Indiana citizens maximum benefitsunder the Developmentally Disabled Assistance and Bill of RightsAct (P.L.94-103), and to this end this chapter should be liberallyconstrued.
As added by P.L.2-1992, SEC.22. Amended by P.L.99-2007,SEC.131.
IC 12-28-1-2
Advocacy defined
Sec. 2. As used in this chapter, "advocacy" means speaking for,pleading for, supporting, advising, espousing the rights of, orinterceding on behalf of individuals with developmental disabilities,individuals with a mental illness, or individuals seeking or receivingvocational rehabilitation services before public or private agencies,organizations, institutions, or individuals serving individuals with adevelopmental disability or individuals with a mental illness orproviding vocational rehabilitation services.
As added by P.L.2-1992, SEC.22. Amended by P.L.99-2007,SEC.132.
IC 12-28-1-3
Commission defined
Sec. 3. As used in this chapter, "commission" refers to the Indianaprotection and advocacy services commission established by thischapter.
As added by P.L.2-1992, SEC.22.
IC 12-28-1-4
Services defined
Sec. 4. As used in this chapter, "services" refers to Indianaprotection and advocacy services.
As added by P.L.2-1992, SEC.22.
IC 12-28-1-5
Vocational rehabilitation services defined
Sec. 5. As used in this chapter, "vocational rehabilitation services"refers to services available under the Rehabilitation Act of 1973 (29U.S.C. 701 et seq.).
As added by P.L.2-1992, SEC.22.
IC 12-28-1-6
Establishment of commission; membership; eligibility; advisorymembers
Sec. 6. (a) The Indiana protection and advocacy servicescommission is established. The commission is composed of thirteen(13) members who represent or who are knowledgeable about theneeds of individuals served by the commission, including mentalretardation, cerebral palsy, epilepsy, autism, and mental illness to beappointed as follows:
(1) Four (4) members to be appointed by the governor.
(2) Nine (9) members to be appointed by a majority vote ofcommission members.
(b) An official or employee of a branch of state government thatdelivers services to individuals with a developmental disability, witha mental illness, or seeking or receiving vocational rehabilitationservices is not eligible for membership on the commission.
(c) One (1) member of the senate appointed by the president protempore of the senate and one (1) member of the house ofrepresentatives appointed by the speaker of the house ofrepresentatives serve in an advisory nonvoting capacity to thecommission.
As added by P.L.2-1992, SEC.22. Amended by P.L.140-1993, SEC.3;P.L.99-2007, SEC.133.
IC 12-28-1-7
Term of office; consecutive terms
Sec. 7. (a) The term of office of a member of the commission isthree (3) years.
(b) A member may not serve more than five (5) consecutive terms.
As added by P.L.2-1992, SEC.22. Amended by P.L.23-1998, SEC.1;P.L.46-2003, SEC.1.
IC 12-28-1-8
Vacancies
Sec. 8. A vacancy on the commission must be filled byappointment not later than sixty (60) days after the vacancy occurs.A member appointed to fill a vacancy occurring before the expirationof the term for which the member's predecessor was appointed shallbe appointed only for the remainder of the term.
As added by P.L.2-1992, SEC.22. Amended by P.L.140-1993, SEC.4.
IC 12-28-1-9
Per diem; travel expenses Sec. 9. The commission members are entitled to per diem andtravel expenses for attending the meetings of the commission asprovided for state employees under IC 4-10-11-2.1.
As added by P.L.2-1992, SEC.22.
IC 12-28-1-10
Executive director
Sec. 10. The commission shall establish Indiana protection andadvocacy services and appoint an individual to be executive directorof the services. The executive director serves at the pleasure of thecommission and shall devote the director's time exclusively to theperformance of the duties of the office.
As added by P.L.2-1992, SEC.22.
IC 12-28-1-11
Purpose of commission
Sec. 11. The primary purpose of the commission is to assureadequate legal and advocacy services for the:
(1) promotion;
(2) protection; and
(3) advocacy;
of the rights and interests of individuals with a developmentaldisability, individuals with a mental illness, and individuals who areseeking or receiving vocational rehabilitation services throughoutIndiana.
As added by P.L.2-1992, SEC.22. Amended by P.L.99-2007,SEC.134.
IC 12-28-1-12
Powers, duties, and functions of commission
Sec. 12. Notwithstanding IC 4-6-2, the commission has thefollowing powers, duties, and functions:
(1) Establish and maintain all necessary offices.
(2) Subject to IC 4-15-2:
(A) appoint;
(B) fix the compensation for; and
(C) prescribe the duties of;
the attorneys, other employees, and agents the commissionconsiders necessary.
(3) Provide legal and other advocacy services throughoutIndiana to individuals or organizations on matters related to theprotection of the legal and human rights of individuals with adevelopmental disability, individuals with a mental illness, andindividuals who are seeking or receiving vocationalrehabilitation services.
(4) Enter into contractual relationships and sue and be sued inthe name of the services.
(5) Apply for, solicit, and accept contributions or grants ofmoney, property, or services made by gift, devise, bequest,grant, or other means from any source that the commission
considers best to assist the services in performing its purpose.
(6) Provide information and referral services.
(7) Adopt rules under IC 4-22-2 to do the following:
(A) Establish and operate local protection and advocacyservice units.
(B) Operate the service.
(C) Perform the commission's duties.
(8) Ensure full participation in the electoral process inindividuals with disabilities, including registering to vote,casting a vote, and accessing polling places, in accordance with42 U.S.C. 15461 through 15462.
As added by P.L.2-1992, SEC.22. Amended by P.L.209-2003,SEC.201; P.L.99-2007, SEC.135.
IC 12-28-1-13
Eligibility for services
Sec. 13. An individual with a mental illness is eligible for servicesunder this chapter if the individual:
(1) has a significant mental illness or emotional impairment, asdetermined by a mental health professional qualified underIndiana statutes and rules; and
(2) is:
(A) an inpatient or a resident in a facility rendering care ortreatment even if the location of the inpatient or resident isunknown;
(B) in the process of being admitted to a facility renderingcare or treatment, including an individual being transportedto the facility; or
(C) involuntarily confined in a municipal detention facilityfor reasons other than serving a sentence resulting fromconviction for a crime.
As added by P.L.2-1992, SEC.22. Amended by P.L.99-2007,SEC.136.