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 the
duties 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 this
chapter, "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 other
physical or mental incapacity of managing or directing the
management of the individual's property or providing or
directing 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 or
property.
(b) For purposes of IC 12-10-3-17, IC 35-42-2-1, and
IC 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 or
directing the management of the individual's property or
providing 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 spiritual
treatment in accordance with a recognized religious method of
healing instead of specified medical treatment if the individual
would not be considered to be an endangered adult if the
individual were receiving the medical treatment; or
(2) on the basis of being physically unable to provide self care
when 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 an
office 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 adult
exists;
(2) immediate care or treatment is required to alleviate that
threat; and
(3) the endangered adult is unable to provide or obtain the
necessary 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 to
available medical, psychiatric, residential, and social services that are
necessary 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 "reason
to believe" that a particular adult is an endangered adult if the
individual has been presented with evidence that, if presented to an
individual of similar background and training, would cause the
individual 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 services
required 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 a
governmental entity qualified to perform the remainder of the
services 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 section
must specify that the notification provisions described in sections
21(4) and 28(b)(5) of this chapter must be followed.
(c) A prosecuting attorney who is contracted to provide services
under this section may perform services under this chapter in
accordance with subsection (d) and (e).
(d) Except as provided in subsection (e), a prosecuting attorney
who 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 entered
into a contract with the division to provide services; or
(2) the prosecuting attorney of the other county requests the
prosecuting attorney to provide services.
(e) Services provided by a prosecuting attorney who is providing
services in another county under this section may include the
investigation of matters related to the abuse, neglect, or exploitation
of an endangered adult. However, a prosecuting attorney who is
providing services in another county under this section may not
initiate any judicial proceeding (including seeking a temporary
restraining order, an order for protection, or a similar order from a
court) 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 believe
individual is endangered adult
Sec. 8. If the adult protective services unit has reason to believe
that an individual is an endangered adult, the adult protective
services unit shall do the following:
(1) Investigate the complaint or cause the complaint to be
investigated by a law enforcement or other agency and make a
determination as to whether the individual reported is an
endangered adult.
(2) Upon a determination that an individual is an endangered
adult under this chapter, do the following:
(A) Initiate procedures that the adult protective services unit
determines are necessary, based on an evaluation of the
needs of the endangered adult, to protect the endangered
adult.
(B) Coordinate and cooperate with the division or other
appropriate person to obtain protective services for the
endangered adult, including the development of a plan in
cooperation with the endangered adult, whereby the least
restrictive protective services necessary to protect the
endangered adult will be made available to the endangered
adult.
(C) Monitor the protective services provided the endangered
adult to determine the effectiveness of the services.
(D) Comply with the notification requirements described in
sections 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 believe
that another individual is an endangered adult shall make a report
under this chapter.
(b) If an individual is required to make a report under this chapter
in the individual's capacity as a member of the staff of a medical or
other public or private institution, school, hospital, facility, or
agency, the individual shall immediately notify the individual in
charge of the institution, school, hospital, facility, or agency, or the
individual's designated agent, who also becomes responsible to report
or cause a report to be made.
(c) This section does not relieve an individual of the obligation to
report on the individual's own behalf, unless a report has already
been 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 chapter
shall be communicated immediately to at least one (1) of the
following:
(1) The adult protective services unit.
(2) A law enforcement agency.
(3) The division by telephone on the statewide toll free
telephone number established under section 12 of this chapter.
(b) A law enforcement agency that receives an endangered adult
report shall immediately communicate the report to the adult
protective services unit and the unit shall notify the division of the
report.
(c) Reports must include as much of the following information as
is known:
(1) The name, age, and address of the endangered adult.
(2) The names and addresses of family members or other
persons financially responsible for the endangered adult's care
or other individuals who may be able to provide relevant
information.
(3) The apparent nature and extent of the alleged neglect,
battery, or exploitation and the endangered adult's physical and
mental condition.
(4) The name, address, and telephone number of the reporter
and the basis of the reporter's knowledge.
(5) The name and address of the alleged offender.
(6) Any other relevant information regarding the circumstances
of 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 a
complaint concerning an endangered adult has been made, who in
good faith:
(1) makes or causes to be made a report required to be made
under this chapter;
(2) testifies or participates in any investigation or administrative
or judicial proceeding on matters arising from the report;
(3) makes or causes to be made photographs or x-rays of an
endangered adult; or
(4) discusses a report required to be made under this chapter
with the division, the adult protective services unit, a law
enforcement agency, or other appropriate agency;
is immune from both civil and criminal liability arising from those
actions.
(b) An individual may not be excused from testifying before a
court or grand jury concerning a report made under this chapter on
the basis that the testimony is privileged information, unless the
individual is an attorney, a physician, a clergyman, a husband, or a
wife who is not required to testify under IC 34-46-3-1.
(c) An employer may not discharge, demote, transfer, prepare a
negative work performance evaluation, or reduce benefits, pay, or
work privileges, or take any other action to retaliate against an
employee 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 free
telephone line continuously open to receive reports of suspected
neglect, 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 protective
services units have determined to be endangered adults and the
protective services needed.
(2) Records of agencies, persons, or institutions who are
determined to have permitted neglect, battery, or exploitation of
endangered adults.
(3) Nonidentifying statistical records concerning
unsubstantiated reports about endangered adults.
The information maintained under this section shall be used solely
for statistical purposes and must be available to law enforcement
officials, state licensing agencies, and other officials and employees
of municipal, county, and state government having a legitimate
interest in the welfare of individuals who may be endangered adults
or who have a legitimate interest in the operation of agencies or
institutions 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 other
information obtained, reports written, or photographs taken
concerning the reports are confidential and may be made available
only to the individuals authorized in section 13 of this chapter as
determined necessary by the division:
(1) for purposes of providing or monitoring protective services
under 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 a
report concerning an endangered adult is unsubstantiated, the adult
protective services unit and the division shall destroy any identifying
records 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 report
alleging that an individual who is a resident of a facility licensed
under IC 16-28 is an endangered adult, the adult protective services
unit shall immediately communicate the report to the state
department 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 an
endangered adult is in danger, the division or adult protective
services unit shall immediately refer the matter to the appropriate law
enforcement agency and shall assist the law enforcement agency as
requested by that agency. In all other cases, referral to the
appropriate 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 the
county in which the alleged endangered adult resides have original
and 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 and
interfered with by another; judicial intervention
Sec. 20. If an endangered adult gives consent to receive protective
services arranged by the division or adult protective services unit and
another person interferes with the delivery of the services, the
division or adult protective services unit may, through the
prosecuting attorney's office of the county in which the endangered
adult resides, petition the circuit or superior court for an order to do
the following:
(1) Enjoin the interference with the delivery of the services.
(2) Implement the delivery of services the endangered adult has
consented 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 to
consent to the receipt of protective services arranged by the division
or the adult protective services unit or withdraws consent previously
given, the adult protective services unit, either directly or through the
prosecuting attorney's office in the county in which the endangered
adult resides, may petition the court to require the alleged
endangered adult to receive protective services. Any person upon
consent of the adult protective services unit, may petition the court
to require the alleged endangered adult to receive protective services.
The petition must be under oath or affirmation and must include the
following:
(1) The name, age, and residence of the alleged endangered
adult who is to receive protective services.
(2) The nature of the problem or reason for the filing of the
petition for protective order.
(3) The name and address of the petitioner and the name and
address of the person or organization that may be required to
complete the court ordered protective services. If the petitioner
is an organization, the petition must contain information
concerning the title and authority of the individual filing on
behalf of that organization.
(4) Certification that:
(A) notice of the petition has been given to the alleged
endangered adult, the alleged endangered adult's attorney, if
any, or the alleged endangered adult's next of kin or
guardian, if any; and
(B) section 21.5 of this chapter regarding notice to the
alleged endangered adult's next of kin has been complied
with.
If notice has not been given, a description of the attempts to
give notice shall be given.
(5) The name and address of the individuals most closely
related by blood or marriage to the alleged endangered adult, if
known.
(6) A description of the proposed protective services to be
provided.
(7) A statement that the adult protective services unit has been
notified and consented to the petition if the petitioner is not the
adult 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 this
chapter;
of this chapter is filed, the petitioner must attempt to give actual
notice of the petition to the alleged endangered adult's next of kin, if
any. However, if the alleged endangered adult's next of kin cannot be
located, notice to the last known address of the next of kin must be
sent 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 an
endangered 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 adult
if 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 protective
services 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 concerning
the 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 an
endangered adult should be required to receive protective services,
the court shall issue a protective services order. The order must
stipulate the following:
(1) The objectives of the protective services order.
(2) The least restrictive protective services necessary to attain
the objectives of the protective services order that the
endangered adult must receive.
(3) The duration during which the endangered adult must
receive the protective services.
(4) That the adult protective services unit or other person
designated by the court shall do the following:
(A) Provide or arrange for the provision of the protective
services ordered by the court.
(B) Petition the court to modify or terminate the protective
services order if:
(i) the protective services ordered by the court have not
been effective in attaining the objectives of the protective
services order;
(ii) the physical or mental health of the endangered adult
is no longer in danger and the termination of the protective
services order will not be likely to place the endangered
adult's physical or mental health in danger; or
(iii) the endangered adult has consented to receive the
protective 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 services
order upon its own motion or upon the motion of any of the
following:
(1) The endangered adult.
(2) The endangered adult's guardian, custodian, or guardian ad
litem.
(3) The adult protective services unit.
(4) Any person providing services to the endangered adult
under 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 original
protective services order or more often if ordered by the court, the
adult protective services unit shall petition the court to hold a hearing
on the question of continuing jurisdiction. For jurisdiction to
continue, the court must find one (1) of the following:
(1) That the objectives of the order have not been attained, but
that there is a reasonable probability that the objectives will be
attained if the order is continued with or without modifications.
(2) That the objectives of the order have been attained, but that
termination of the order will likely place the endangered adult's
physical 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 a
protective service ordered under section 24 of this chapter; or
(2) direct a person to take actions to implement the delivery of
the 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 consent
to the receipt of protective services arranged by the division or
the adult protective services unit or withdraws consent
previously given; and
(2) the endangered adult is involved in a life threatening
emergency;
the adult protective services unit, either directly or through the
prosecuting attorney's office of the county in which the alleged
endangered adult resides, may petition the superior or circuit court
in the county where the alleged endangered adult resides for an
emergency protective order.
(b) A petition for an emergency protective order must be under
oath or affirmation and must include the following:
(1) The name, age, and residence of the endangered adult who
is to receive emergency protective services.
(2) The nature of the problem and an allegation that a life
threatening emergency exists.
(3) Evidence that immediate and irreparable injury will result
if there is a delay in the provision of services.
(4) The name and address of the petitioner who is filing the
petition and the name and address of the person or organization
that may be required to complete the court ordered emergency
protective services.
(5) Certification that:
(A) notice has been given to the alleged endangered adult,
the alleged endangered adult's attorney, if any, or the alleged
endangered adult's next of kin, if any; and
(B) section 21.5 of this chapter regarding notice to the
alleged endangered adult's next of kin has been complied
with.
If notice has not been given, a description of the attempts to
give notice shall be given.
(6) A description of the emergency protective services to be
provided.
(c) If, after the hearing of the petition, the court determines that
the endangered adult should be required to receive emergency
protective 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 emergency
protective 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 services
necessary to attain the objectives of the emergency protective
order that the endangered adult must receive.
(3) The duration during which the endangered adult must
receive the emergency protective services.
(4) That the emergency protective services unit or other person
designated by the court shall do the following:
(A) Provide or arrange for the provision of the emergency
protective services ordered by the court.
(B) Petition the court to modify or terminate the emergency
protective order if:
(i) the emergency protective services ordered by the court
have not been effective in attaining the objectives of the
emergency protective order;
(ii) the physical or mental health of the endangered adult
is no longer in danger and the termination of the
emergency protective order will not be likely to place the
endangered adult's physical or mental health in danger; or
(iii) the endangered adult has consented to receive the
emergency protective services ordered by the court.
(e) The court may issue an order to:
(1) enjoin a person from interfering with the delivery of
services ordered by an emergency protective order issued under
this section; or
(2) direct a person to take actions to implement the delivery of
services ordered by an emergency protective order issued under
this section.
(f) An emergency protective order issued under this section may
not remain in effect for longer than:
(1) ten (10) days; or
(2) thirty (30) days if the adult protective services unit shows
the court that an extraordinary need exists that requires the
order to remain in effect for not more than thirty (30) days.
(g) If at the expiration of an order the adult protective services
unit determines that the endangered adult is in need of further
protective services and that the endangered adult does not consent to
the receipt of the services, a petition may be filed under section 21
of 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 criminal
liability
Sec. 29. An officer, agency, or employee of the division or adult
protective services unit who performs duties in good faith under this
chapter in rendering care to an endangered adult is immune from
both civil and criminal liability arising from acts or omissions in
rendering 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 adult
protective services unit or a staff member of the adult protective
services unit on the basis of the staff member's employment may not
be 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 adult
protective services unit is located; or
(2) head of the governmental entity if the adult protective
services unit is operated by a governmental entity;
may give written permission for an adult protective services unit or
a staff member of the adult protective services unit to be designated
as 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 before
February 2 of each year concerning the division's activities under this
chapter during the preceding calendar year. The report must include
the recommendations of the division relating to the need for
continuing care of endangered adults under this chapter and must be
in 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 under
this chapter:
(1) solely for the reason that the individual is being provided
spiritual treatment in accordance with a recognized religious
method 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 medical
treatment. As added by P.L.77-1992, SEC.4.
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 the
duties 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 this
chapter, "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 other
physical or mental incapacity of managing or directing the
management of the individual's property or providing or
directing 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 or
property.
(b) For purposes of IC 12-10-3-17, IC 35-42-2-1, and
IC 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 or
directing the management of the individual's property or
providing 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 spiritual
treatment in accordance with a recognized religious method of
healing instead of specified medical treatment if the individual
would not be considered to be an endangered adult if the
individual were receiving the medical treatment; or
(2) on the basis of being physically unable to provide self care
when 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 an
office 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 adult
exists;
(2) immediate care or treatment is required to alleviate that
threat; and
(3) the endangered adult is unable to provide or obtain the
necessary 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 to
available medical, psychiatric, residential, and social services that are
necessary 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 "reason
to believe" that a particular adult is an endangered adult if the
individual has been presented with evidence that, if presented to an
individual of similar background and training, would cause the
individual 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 services
required 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 a
governmental entity qualified to perform the remainder of the
services 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 section
must specify that the notification provisions described in sections
21(4) and 28(b)(5) of this chapter must be followed.
(c) A prosecuting attorney who is contracted to provide services
under this section may perform services under this chapter in
accordance with subsection (d) and (e).
(d) Except as provided in subsection (e), a prosecuting attorney
who 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 entered
into a contract with the division to provide services; or
(2) the prosecuting attorney of the other county requests the
prosecuting attorney to provide services.
(e) Services provided by a prosecuting attorney who is providing
services in another county under this section may include the
investigation of matters related to the abuse, neglect, or exploitation
of an endangered adult. However, a prosecuting attorney who is
providing services in another county under this section may not
initiate any judicial proceeding (including seeking a temporary
restraining order, an order for protection, or a similar order from a
court) 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 believe
individual is endangered adult
Sec. 8. If the adult protective services unit has reason to believe
that an individual is an endangered adult, the adult protective
services unit shall do the following:
(1) Investigate the complaint or cause the complaint to be
investigated by a law enforcement or other agency and make a
determination as to whether the individual reported is an
endangered adult.
(2) Upon a determination that an individual is an endangered
adult under this chapter, do the following:
(A) Initiate procedures that the adult protective services unit
determines are necessary, based on an evaluation of the
needs of the endangered adult, to protect the endangered
adult.
(B) Coordinate and cooperate with the division or other
appropriate person to obtain protective services for the
endangered adult, including the development of a plan in
cooperation with the endangered adult, whereby the least
restrictive protective services necessary to protect the
endangered adult will be made available to the endangered
adult.
(C) Monitor the protective services provided the endangered
adult to determine the effectiveness of the services.
(D) Comply with the notification requirements described in
sections 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 believe
that another individual is an endangered adult shall make a report
under this chapter.
(b) If an individual is required to make a report under this chapter
in the individual's capacity as a member of the staff of a medical or
other public or private institution, school, hospital, facility, or
agency, the individual shall immediately notify the individual in
charge of the institution, school, hospital, facility, or agency, or the
individual's designated agent, who also becomes responsible to report
or cause a report to be made.
(c) This section does not relieve an individual of the obligation to
report on the individual's own behalf, unless a report has already
been 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 chapter
shall be communicated immediately to at least one (1) of the
following:
(1) The adult protective services unit.
(2) A law enforcement agency.
(3) The division by telephone on the statewide toll free
telephone number established under section 12 of this chapter.
(b) A law enforcement agency that receives an endangered adult
report shall immediately communicate the report to the adult
protective services unit and the unit shall notify the division of the
report.
(c) Reports must include as much of the following information as
is known:
(1) The name, age, and address of the endangered adult.
(2) The names and addresses of family members or other
persons financially responsible for the endangered adult's care
or other individuals who may be able to provide relevant
information.
(3) The apparent nature and extent of the alleged neglect,
battery, or exploitation and the endangered adult's physical and
mental condition.
(4) The name, address, and telephone number of the reporter
and the basis of the reporter's knowledge.
(5) The name and address of the alleged offender.
(6) Any other relevant information regarding the circumstances
of 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 a
complaint concerning an endangered adult has been made, who in
good faith:
(1) makes or causes to be made a report required to be made
under this chapter;
(2) testifies or participates in any investigation or administrative
or judicial proceeding on matters arising from the report;
(3) makes or causes to be made photographs or x-rays of an
endangered adult; or
(4) discusses a report required to be made under this chapter
with the division, the adult protective services unit, a law
enforcement agency, or other appropriate agency;
is immune from both civil and criminal liability arising from those
actions.
(b) An individual may not be excused from testifying before a
court or grand jury concerning a report made under this chapter on
the basis that the testimony is privileged information, unless the
individual is an attorney, a physician, a clergyman, a husband, or a
wife who is not required to testify under IC 34-46-3-1.
(c) An employer may not discharge, demote, transfer, prepare a
negative work performance evaluation, or reduce benefits, pay, or
work privileges, or take any other action to retaliate against an
employee 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 free
telephone line continuously open to receive reports of suspected
neglect, 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 protective
services units have determined to be endangered adults and the
protective services needed.
(2) Records of agencies, persons, or institutions who are
determined to have permitted neglect, battery, or exploitation of
endangered adults.
(3) Nonidentifying statistical records concerning
unsubstantiated reports about endangered adults.
The information maintained under this section shall be used solely
for statistical purposes and must be available to law enforcement
officials, state licensing agencies, and other officials and employees
of municipal, county, and state government having a legitimate
interest in the welfare of individuals who may be endangered adults
or who have a legitimate interest in the operation of agencies or
institutions 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 other
information obtained, reports written, or photographs taken
concerning the reports are confidential and may be made available
only to the individuals authorized in section 13 of this chapter as
determined necessary by the division:
(1) for purposes of providing or monitoring protective services
under 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 a
report concerning an endangered adult is unsubstantiated, the adult
protective services unit and the division shall destroy any identifying
records 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 report
alleging that an individual who is a resident of a facility licensed
under IC 16-28 is an endangered adult, the adult protective services
unit shall immediately communicate the report to the state
department 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 an
endangered adult is in danger, the division or adult protective
services unit shall immediately refer the matter to the appropriate law
enforcement agency and shall assist the law enforcement agency as
requested by that agency. In all other cases, referral to the
appropriate 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 the
county in which the alleged endangered adult resides have original
and 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 and
interfered with by another; judicial intervention
Sec. 20. If an endangered adult gives consent to receive protective
services arranged by the division or adult protective services unit and
another person interferes with the delivery of the services, the
division or adult protective services unit may, through the
prosecuting attorney's office of the county in which the endangered
adult resides, petition the circuit or superior court for an order to do
the following:
(1) Enjoin the interference with the delivery of the services.
(2) Implement the delivery of services the endangered adult has
consented 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 to
consent to the receipt of protective services arranged by the division
or the adult protective services unit or withdraws consent previously
given, the adult protective services unit, either directly or through the
prosecuting attorney's office in the county in which the endangered
adult resides, may petition the court to require the alleged
endangered adult to receive protective services. Any person upon
consent of the adult protective services unit, may petition the court
to require the alleged endangered adult to receive protective services.
The petition must be under oath or affirmation and must include the
following:
(1) The name, age, and residence of the alleged endangered
adult who is to receive protective services.
(2) The nature of the problem or reason for the filing of the
petition for protective order.
(3) The name and address of the petitioner and the name and
address of the person or organization that may be required to
complete the court ordered protective services. If the petitioner
is an organization, the petition must contain information
concerning the title and authority of the individual filing on
behalf of that organization.
(4) Certification that:
(A) notice of the petition has been given to the alleged
endangered adult, the alleged endangered adult's attorney, if
any, or the alleged endangered adult's next of kin or
guardian, if any; and
(B) section 21.5 of this chapter regarding notice to the
alleged endangered adult's next of kin has been complied
with.
If notice has not been given, a description of the attempts to
give notice shall be given.
(5) The name and address of the individuals most closely
related by blood or marriage to the alleged endangered adult, if
known.
(6) A description of the proposed protective services to be
provided.
(7) A statement that the adult protective services unit has been
notified and consented to the petition if the petitioner is not the
adult 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 this
chapter;
of this chapter is filed, the petitioner must attempt to give actual
notice of the petition to the alleged endangered adult's next of kin, if
any. However, if the alleged endangered adult's next of kin cannot be
located, notice to the last known address of the next of kin must be
sent 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 an
endangered 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 adult
if 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 protective
services 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 concerning
the 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 an
endangered adult should be required to receive protective services,
the court shall issue a protective services order. The order must
stipulate the following:
(1) The objectives of the protective services order.
(2) The least restrictive protective services necessary to attain
the objectives of the protective services order that the
endangered adult must receive.
(3) The duration during which the endangered adult must
receive the protective services.
(4) That the adult protective services unit or other person
designated by the court shall do the following:
(A) Provide or arrange for the provision of the protective
services ordered by the court.
(B) Petition the court to modify or terminate the protective
services order if:
(i) the protective services ordered by the court have not
been effective in attaining the objectives of the protective
services order;
(ii) the physical or mental health of the endangered adult
is no longer in danger and the termination of the protective
services order will not be likely to place the endangered
adult's physical or mental health in danger; or
(iii) the endangered adult has consented to receive the
protective 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 services
order upon its own motion or upon the motion of any of the
following:
(1) The endangered adult.
(2) The endangered adult's guardian, custodian, or guardian ad
litem.
(3) The adult protective services unit.
(4) Any person providing services to the endangered adult
under 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 original
protective services order or more often if ordered by the court, the
adult protective services unit shall petition the court to hold a hearing
on the question of continuing jurisdiction. For jurisdiction to
continue, the court must find one (1) of the following:
(1) That the objectives of the order have not been attained, but
that there is a reasonable probability that the objectives will be
attained if the order is continued with or without modifications.
(2) That the objectives of the order have been attained, but that
termination of the order will likely place the endangered adult's
physical 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 a
protective service ordered under section 24 of this chapter; or
(2) direct a person to take actions to implement the delivery of
the 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 consent
to the receipt of protective services arranged by the division or
the adult protective services unit or withdraws consent
previously given; and
(2) the endangered adult is involved in a life threatening
emergency;
the adult protective services unit, either directly or through the
prosecuting attorney's office of the county in which the alleged
endangered adult resides, may petition the superior or circuit court
in the county where the alleged endangered adult resides for an
emergency protective order.
(b) A petition for an emergency protective order must be under
oath or affirmation and must include the following:
(1) The name, age, and residence of the endangered adult who
is to receive emergency protective services.
(2) The nature of the problem and an allegation that a life
threatening emergency exists.
(3) Evidence that immediate and irreparable injury will result
if there is a delay in the provision of services.
(4) The name and address of the petitioner who is filing the
petition and the name and address of the person or organization
that may be required to complete the court ordered emergency
protective services.
(5) Certification that:
(A) notice has been given to the alleged endangered adult,
the alleged endangered adult's attorney, if any, or the alleged
endangered adult's next of kin, if any; and
(B) section 21.5 of this chapter regarding notice to the
alleged endangered adult's next of kin has been complied
with.
If notice has not been given, a description of the attempts to
give notice shall be given.
(6) A description of the emergency protective services to be
provided.
(c) If, after the hearing of the petition, the court determines that
the endangered adult should be required to receive emergency
protective 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 emergency
protective 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 services
necessary to attain the objectives of the emergency protective
order that the endangered adult must receive.
(3) The duration during which the endangered adult must
receive the emergency protective services.
(4) That the emergency protective services unit or other person
designated by the court shall do the following:
(A) Provide or arrange for the provision of the emergency
protective services ordered by the court.
(B) Petition the court to modify or terminate the emergency
protective order if:
(i) the emergency protective services ordered by the court
have not been effective in attaining the objectives of the
emergency protective order;
(ii) the physical or mental health of the endangered adult
is no longer in danger and the termination of the
emergency protective order will not be likely to place the
endangered adult's physical or mental health in danger; or
(iii) the endangered adult has consented to receive the
emergency protective services ordered by the court.
(e) The court may issue an order to:
(1) enjoin a person from interfering with the delivery of
services ordered by an emergency protective order issued under
this section; or
(2) direct a person to take actions to implement the delivery of
services ordered by an emergency protective order issued under
this section.
(f) An emergency protective order issued under this section may
not remain in effect for longer than:
(1) ten (10) days; or
(2) thirty (30) days if the adult protective services unit shows
the court that an extraordinary need exists that requires the
order to remain in effect for not more than thirty (30) days.
(g) If at the expiration of an order the adult protective services
unit determines that the endangered adult is in need of further
protective services and that the endangered adult does not consent to
the receipt of the services, a petition may be filed under section 21
of 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 criminal
liability
Sec. 29. An officer, agency, or employee of the division or adult
protective services unit who performs duties in good faith under this
chapter in rendering care to an endangered adult is immune from
both civil and criminal liability arising from acts or omissions in
rendering 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 adult
protective services unit or a staff member of the adult protective
services unit on the basis of the staff member's employment may not
be 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 adult
protective services unit is located; or
(2) head of the governmental entity if the adult protective
services unit is operated by a governmental entity;
may give written permission for an adult protective services unit or
a staff member of the adult protective services unit to be designated
as 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 before
February 2 of each year concerning the division's activities under this
chapter during the preceding calendar year. The report must include
the recommendations of the division relating to the need for
continuing care of endangered adults under this chapter and must be
in 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 under
this chapter:
(1) solely for the reason that the individual is being provided
spiritual treatment in accordance with a recognized religious
method 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 medical
treatment. As added by P.L.77-1992, SEC.4.
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 the
duties 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 this
chapter, "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 other
physical or mental incapacity of managing or directing the
management of the individual's property or providing or
directing 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 or
property.
(b) For purposes of IC 12-10-3-17, IC 35-42-2-1, and
IC 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 or
directing the management of the individual's property or
providing 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 spiritual
treatment in accordance with a recognized religious method of
healing instead of specified medical treatment if the individual
would not be considered to be an endangered adult if the
individual were receiving the medical treatment; or
(2) on the basis of being physically unable to provide self care
when 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 an
office 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 adult
exists;
(2) immediate care or treatment is required to alleviate that
threat; and
(3) the endangered adult is unable to provide or obtain the
necessary 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 to
available medical, psychiatric, residential, and social services that are
necessary 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 "reason
to believe" that a particular adult is an endangered adult if the
individual has been presented with evidence that, if presented to an
individual of similar background and training, would cause the
individual 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 services
required 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 a
governmental entity qualified to perform the remainder of the
services 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 section
must specify that the notification provisions described in sections
21(4) and 28(b)(5) of this chapter must be followed.
(c) A prosecuting attorney who is contracted to provide services
under this section may perform services under this chapter in
accordance with subsection (d) and (e).
(d) Except as provided in subsection (e), a prosecuting attorney
who 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 entered
into a contract with the division to provide services; or
(2) the prosecuting attorney of the other county requests the
prosecuting attorney to provide services.
(e) Services provided by a prosecuting attorney who is providing
services in another county under this section may include the
investigation of matters related to the abuse, neglect, or exploitation
of an endangered adult. However, a prosecuting attorney who is
providing services in another county under this section may not
initiate any judicial proceeding (including seeking a temporary
restraining order, an order for protection, or a similar order from a
court) 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 believe
individual is endangered adult
Sec. 8. If the adult protective services unit has reason to believe
that an individual is an endangered adult, the adult protective
services unit shall do the following:
(1) Investigate the complaint or cause the complaint to be
investigated by a law enforcement or other agency and make a
determination as to whether the individual reported is an
endangered adult.
(2) Upon a determination that an individual is an endangered
adult under this chapter, do the following:
(A) Initiate procedures that the adult protective services unit
determines are necessary, based on an evaluation of the
needs of the endangered adult, to protect the endangered
adult.
(B) Coordinate and cooperate with the division or other
appropriate person to obtain protective services for the
endangered adult, including the development of a plan in
cooperation with the endangered adult, whereby the least
restrictive protective services necessary to protect the
endangered adult will be made available to the endangered
adult.
(C) Monitor the protective services provided the endangered
adult to determine the effectiveness of the services.
(D) Comply with the notification requirements described in
sections 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 believe
that another individual is an endangered adult shall make a report
under this chapter.
(b) If an individual is required to make a report under this chapter
in the individual's capacity as a member of the staff of a medical or
other public or private institution, school, hospital, facility, or
agency, the individual shall immediately notify the individual in
charge of the institution, school, hospital, facility, or agency, or the
individual's designated agent, who also becomes responsible to report
or cause a report to be made.
(c) This section does not relieve an individual of the obligation to
report on the individual's own behalf, unless a report has already
been 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 chapter
shall be communicated immediately to at least one (1) of the
following:
(1) The adult protective services unit.
(2) A law enforcement agency.
(3) The division by telephone on the statewide toll free
telephone number established under section 12 of this chapter.
(b) A law enforcement agency that receives an endangered adult
report shall immediately communicate the report to the adult
protective services unit and the unit shall notify the division of the
report.
(c) Reports must include as much of the following information as
is known:
(1) The name, age, and address of the endangered adult.
(2) The names and addresses of family members or other
persons financially responsible for the endangered adult's care
or other individuals who may be able to provide relevant
information.
(3) The apparent nature and extent of the alleged neglect,
battery, or exploitation and the endangered adult's physical and
mental condition.
(4) The name, address, and telephone number of the reporter
and the basis of the reporter's knowledge.
(5) The name and address of the alleged offender.
(6) Any other relevant information regarding the circumstances
of 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 a
complaint concerning an endangered adult has been made, who in
good faith:
(1) makes or causes to be made a report required to be made
under this chapter;
(2) testifies or participates in any investigation or administrative
or judicial proceeding on matters arising from the report;
(3) makes or causes to be made photographs or x-rays of an
endangered adult; or
(4) discusses a report required to be made under this chapter
with the division, the adult protective services unit, a law
enforcement agency, or other appropriate agency;
is immune from both civil and criminal liability arising from those
actions.
(b) An individual may not be excused from testifying before a
court or grand jury concerning a report made under this chapter on
the basis that the testimony is privileged information, unless the
individual is an attorney, a physician, a clergyman, a husband, or a
wife who is not required to testify under IC 34-46-3-1.
(c) An employer may not discharge, demote, transfer, prepare a
negative work performance evaluation, or reduce benefits, pay, or
work privileges, or take any other action to retaliate against an
employee 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 free
telephone line continuously open to receive reports of suspected
neglect, 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 protective
services units have determined to be endangered adults and the
protective services needed.
(2) Records of agencies, persons, or institutions who are
determined to have permitted neglect, battery, or exploitation of
endangered adults.
(3) Nonidentifying statistical records concerning
unsubstantiated reports about endangered adults.
The information maintained under this section shall be used solely
for statistical purposes and must be available to law enforcement
officials, state licensing agencies, and other officials and employees
of municipal, county, and state government having a legitimate
interest in the welfare of individuals who may be endangered adults
or who have a legitimate interest in the operation of agencies or
institutions 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 other
information obtained, reports written, or photographs taken
concerning the reports are confidential and may be made available
only to the individuals authorized in section 13 of this chapter as
determined necessary by the division:
(1) for purposes of providing or monitoring protective services
under 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 a
report concerning an endangered adult is unsubstantiated, the adult
protective services unit and the division shall destroy any identifying
records 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 report
alleging that an individual who is a resident of a facility licensed
under IC 16-28 is an endangered adult, the adult protective services
unit shall immediately communicate the report to the state
department 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 an
endangered adult is in danger, the division or adult protective
services unit shall immediately refer the matter to the appropriate law
enforcement agency and shall assist the law enforcement agency as
requested by that agency. In all other cases, referral to the
appropriate 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 the
county in which the alleged endangered adult resides have original
and 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 and
interfered with by another; judicial intervention
Sec. 20. If an endangered adult gives consent to receive protective
services arranged by the division or adult protective services unit and
another person interferes with the delivery of the services, the
division or adult protective services unit may, through the
prosecuting attorney's office of the county in which the endangered
adult resides, petition the circuit or superior court for an order to do
the following:
(1) Enjoin the interference with the delivery of the services.
(2) Implement the delivery of services the endangered adult has
consented 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 to
consent to the receipt of protective services arranged by the division
or the adult protective services unit or withdraws consent previously
given, the adult protective services unit, either directly or through the
prosecuting attorney's office in the county in which the endangered
adult resides, may petition the court to require the alleged
endangered adult to receive protective services. Any person upon
consent of the adult protective services unit, may petition the court
to require the alleged endangered adult to receive protective services.
The petition must be under oath or affirmation and must include the
following:
(1) The name, age, and residence of the alleged endangered
adult who is to receive protective services.
(2) The nature of the problem or reason for the filing of the
petition for protective order.
(3) The name and address of the petitioner and the name and
address of the person or organization that may be required to
complete the court ordered protective services. If the petitioner
is an organization, the petition must contain information
concerning the title and authority of the individual filing on
behalf of that organization.
(4) Certification that:
(A) notice of the petition has been given to the alleged
endangered adult, the alleged endangered adult's attorney, if
any, or the alleged endangered adult's next of kin or
guardian, if any; and
(B) section 21.5 of this chapter regarding notice to the
alleged endangered adult's next of kin has been complied
with.
If notice has not been given, a description of the attempts to
give notice shall be given.
(5) The name and address of the individuals most closely
related by blood or marriage to the alleged endangered adult, if
known.
(6) A description of the proposed protective services to be
provided.
(7) A statement that the adult protective services unit has been
notified and consented to the petition if the petitioner is not the
adult 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 this
chapter;
of this chapter is filed, the petitioner must attempt to give actual
notice of the petition to the alleged endangered adult's next of kin, if
any. However, if the alleged endangered adult's next of kin cannot be
located, notice to the last known address of the next of kin must be
sent 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 an
endangered 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 adult
if 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 protective
services 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 concerning
the 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 an
endangered adult should be required to receive protective services,
the court shall issue a protective services order. The order must
stipulate the following:
(1) The objectives of the protective services order.
(2) The least restrictive protective services necessary to attain
the objectives of the protective services order that the
endangered adult must receive.
(3) The duration during which the endangered adult must
receive the protective services.
(4) That the adult protective services unit or other person
designated by the court shall do the following:
(A) Provide or arrange for the provision of the protective
services ordered by the court.
(B) Petition the court to modify or terminate the protective
services order if:
(i) the protective services ordered by the court have not
been effective in attaining the objectives of the protective
services order;
(ii) the physical or mental health of the endangered adult
is no longer in danger and the termination of the protective
services order will not be likely to place the endangered
adult's physical or mental health in danger; or
(iii) the endangered adult has consented to receive the
protective 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 services
order upon its own motion or upon the motion of any of the
following:
(1) The endangered adult.
(2) The endangered adult's guardian, custodian, or guardian ad
litem.
(3) The adult protective services unit.
(4) Any person providing services to the endangered adult
under 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 original
protective services order or more often if ordered by the court, the
adult protective services unit shall petition the court to hold a hearing
on the question of continuing jurisdiction. For jurisdiction to
continue, the court must find one (1) of the following:
(1) That the objectives of the order have not been attained, but
that there is a reasonable probability that the objectives will be
attained if the order is continued with or without modifications.
(2) That the objectives of the order have been attained, but that
termination of the order will likely place the endangered adult's
physical 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 a
protective service ordered under section 24 of this chapter; or
(2) direct a person to take actions to implement the delivery of
the 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 consent
to the receipt of protective services arranged by the division or
the adult protective services unit or withdraws consent
previously given; and
(2) the endangered adult is involved in a life threatening
emergency;
the adult protective services unit, either directly or through the
prosecuting attorney's office of the county in which the alleged
endangered adult resides, may petition the superior or circuit court
in the county where the alleged endangered adult resides for an
emergency protective order.
(b) A petition for an emergency protective order must be under
oath or affirmation and must include the following:
(1) The name, age, and residence of the endangered adult who
is to receive emergency protective services.
(2) The nature of the problem and an allegation that a life
threatening emergency exists.
(3) Evidence that immediate and irreparable injury will result
if there is a delay in the provision of services.
(4) The name and address of the petitioner who is filing the
petition and the name and address of the person or organization
that may be required to complete the court ordered emergency
protective services.
(5) Certification that:
(A) notice has been given to the alleged endangered adult,
the alleged endangered adult's attorney, if any, or the alleged
endangered adult's next of kin, if any; and
(B) section 21.5 of this chapter regarding notice to the
alleged endangered adult's next of kin has been complied
with.
If notice has not been given, a description of the attempts to
give notice shall be given.
(6) A description of the emergency protective services to be
provided.
(c) If, after the hearing of the petition, the court determines that
the endangered adult should be required to receive emergency
protective 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 emergency
protective 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 services
necessary to attain the objectives of the emergency protective
order that the endangered adult must receive.
(3) The duration during which the endangered adult must
receive the emergency protective services.
(4) That the emergency protective services unit or other person
designated by the court shall do the following:
(A) Provide or arrange for the provision of the emergency
protective services ordered by the court.
(B) Petition the court to modify or terminate the emergency
protective order if:
(i) the emergency protective services ordered by the court
have not been effective in attaining the objectives of the
emergency protective order;
(ii) the physical or mental health of the endangered adult
is no longer in danger and the termination of the
emergency protective order will not be likely to place the
endangered adult's physical or mental health in danger; or
(iii) the endangered adult has consented to receive the
emergency protective services ordered by the court.
(e) The court may issue an order to:
(1) enjoin a person from interfering with the delivery of
services ordered by an emergency protective order issued under
this section; or
(2) direct a person to take actions to implement the delivery of
services ordered by an emergency protective order issued under
this section.
(f) An emergency protective order issued under this section may
not remain in effect for longer than:
(1) ten (10) days; or
(2) thirty (30) days if the adult protective services unit shows
the court that an extraordinary need exists that requires the
order to remain in effect for not more than thirty (30) days.
(g) If at the expiration of an order the adult protective services
unit determines that the endangered adult is in need of further
protective services and that the endangered adult does not consent to
the receipt of the services, a petition may be filed under section 21
of 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 criminal
liability
Sec. 29. An officer, agency, or employee of the division or adult
protective services unit who performs duties in good faith under this
chapter in rendering care to an endangered adult is immune from
both civil and criminal liability arising from acts or omissions in
rendering 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 adult
protective services unit or a staff member of the adult protective
services unit on the basis of the staff member's employment may not
be 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 adult
protective services unit is located; or
(2) head of the governmental entity if the adult protective
services unit is operated by a governmental entity;
may give written permission for an adult protective services unit or
a staff member of the adult protective services unit to be designated
as 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 before
February 2 of each year concerning the division's activities under this
chapter during the preceding calendar year. The report must include
the recommendations of the division relating to the need for
continuing care of endangered adults under this chapter and must be
in 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 under
this chapter:
(1) solely for the reason that the individual is being provided
spiritual treatment in accordance with a recognized religious
method 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 medical
treatment. As added by P.L.77-1992, SEC.4.
