reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 14. Outpatient Therapy › 12-26-14-6. Order to Enter Therapy; Review of Order and Release From Program; Intervals and Conditions

Sec. 6. If an individual is ordered to enter a therapy program under section 1 of this chapter, the individual is entitled to review of the order and release from the program at the same intervals and under the same conditions as an individual committed under:
(1) IC 12-26-6 if the therapy order is issued under that chapter; or
(2) IC 12-26-7 if the therapy order is issued under that chapter.
[Pre-1992 Revision Citation: 16-14-9.1-20.5(f).]
As added by P.L.2-1992, SEC.20.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 14. Outpatient Therapy › 12-26-14-7. Committed Individuals; Placement on Outpatient Status for Remainder of Commitment Period

Sec. 7. If an individual:
(1) has been committed under IC 12-26-6 or IC 12-26-7;
(2) is likely to benefit from a therapy program designed to decrease the individual's dangerousness or grave disability;
(3) is not likely to be either dangerous or gravely disabled if the individual continues to follow the therapy program; and
(4) is recommended for an outpatient therapy program by the individual's attending or examining physician;
the superintendent of the facility in which the individual is committed or the court at the time of commitment may place the individual on outpatient status for the remainder of the individual's commitment period, subject to the conditions of outpatient therapy programs under section 8 of this chapter.
[Pre-1992 Revision Citation: 16-14-9.1-20.1(a).]
As added by P.L.2-1992, SEC.20. Amended by P.L.62-1993, SEC.12.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 14. Outpatient Therapy › 12-26-14-8. Committed Individual Placed on Outpatient Status; Compliance With Program

Sec. 8. An individual placed on outpatient status under section 7 of this chapter may be required to do the following:
(1) Follow the therapy program designed by the facility in which the individual has been placed.
(2) Attend any medical or psychiatric appointments made for the individual with respect to the individual's psychiatric condition.
(3) Reside at a place designated by the superintendent.
[Pre-1992 Revision Citation: 16-14-9.1-20.1(b).]
As added by P.L.2-1992, SEC.20.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 14. Outpatient Therapy › 12-26-14-9. Failure to Comply With Program; Return to Facility or Transfer to Sub-Acute Stabilization Program

Sec. 9. If the individual's attending or examining physician determines that the individual has failed to comply with the requirements under section 8 of this chapter and is likely to be dangerous or gravely disabled, the individual:
(1) may, in accordance with IC 12-24-8, be returned to the facility to which the individual is committed under this article as an inpatient; or
(2) may be transferred to a short term sub-acute stabilization treatment program under this chapter.
[Pre-1992 Revision Citation: 16-14-9.1-20.1(c).]
As added by P.L.2-1992, SEC.20. Amended by P.L.62-1993, SEC.13.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 14. Outpatient Therapy › 12-26-14-10. Return to Facility; Hearing; Hearing Officer; Appeal to Committing Court

Sec. 10. (a) After an individual has been returned to the facility to which the individual is committed under this article, the secretary shall conduct a hearing under IC 4-21.5-3 to determine whether:
(1) the individual has failed to comply with the requirements described in section 8 of this chapter;
(2) the individual is in need of inpatient treatment; and
(3) the individual's outpatient status should be revoked.
(b) A hearing required by subsection (a) may be conducted by a hearing officer appointed by the secretary.
(c) An individual may appeal under IC 4-21.5-5 a determination of the hearing officer by filing a petition with the court that committed the individual under IC 12-26-6 or IC 12-26-7.
[Pre-1992 Revision Citation: 16-14-9.1-20.1(d).]
As added by P.L.2-1992, SEC.20. Amended by P.L.35-2016, SEC.79.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 15. Review of Commitment › 12-26-15-1. Annual Review; Contents; Filing With Court; Notice; Report on Individual Committed After Verdict of Not Responsible by Reason of Insanity

Sec. 1. (a) At least annually, and more often if directed by the court, the superintendent of the facility or the attending physician including the superintendent or attending physician of an outpatient therapy program, shall file with the court a review of the individual's care and treatment. The review must contain a statement of the following:
(1) The mental condition of the individual.
(2) Whether the individual is dangerous or gravely disabled.
(3) Whether the individual:
(A) needs to remain in the facility; or
(B) may be cared for under a guardianship.
(b) If the court has entered an order under IC 12-26-12-1, the superintendent or the attending physician shall give notice of the review to the petitioner in the individual's commitment proceeding and other persons that were designated by the court under IC 12-26-12-1 or as provided in this section.
(c) If an individual has been committed under IC 35-36-2-4, the superintendent of the facility or the attending physician shall:
(1) file with the court the report described in subsection (a) every six (6) months, or more often if directed by the court; and
(2) notify the court, the petitioner, and any other person or persons designated by the court under this section:
(A) at least ten (10) days before, or as soon as practicable in case of an emergency, when:
(i) the committed individual is allowed outside the facility or the grounds of the facility not under custodial supervision;
(ii) the committed individual is transferred to another facility and the location of that facility; or
(iii) the committed individual is discharged or the individual’s commitment is otherwise terminated; and
(B) as soon as practicable if the committed individual escapes.
(d) The court may designate as a person or persons to receive the notices provided in this section a person or persons who suffered harm as the result of a crime for which the committed individual was on trial.
(e) The court may designate as a person or persons to receive the notices provided in this section:
(1) an individual or individuals described in subsection (d); or
(2) a designated representative if the person or persons described in subsection (d) are incompetent, deceased, less than eighteen (18) years of age, or otherwise incapable of receiving or understanding a notice provided for in this section.
(f) A commitment order issued by a court under IC 35-36-2-4 and this article must include the following:
(1) The mailing address, electronic mail address, facsimile number, and telephone number of the following:
(A) The petitioner who filed the petition under IC 35-36-2-4.
(B) Any other person designated by the court.
(2) The notice requirements set forth in this section.
[Pre-1992 Revision Citation: 16-14-9.1-10(e).]
As added by P.L.2-1992, SEC.20. Amended by P.L.40-1994, SEC.61; P.L.77-2004, SEC.2.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 15. Review of Commitment › 12-26-15-2. Receipt by Court of Review; Options; Appointment of Guardian

Sec. 2. (a) Upon receipt of the report required by section 1 of this chapter, the court shall do one (1) of the following:
(1) Order the individual's continued custody, care, and treatment in the appropriate facility or therapy program.
(2) Terminate the commitment or release the individual from the therapy program.
(3) Conduct a hearing under IC 12-26-12.
(b) The court may, in order to make provision for the individual's continued care, appoint a guardian for the individual.
[Pre-1992 Revision Citation: 16-14-9.1-10(f).]
As added by P.L.2-1992, SEC.20.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 15. Review of Commitment › 12-26-15-3. Requesting Hearing for Review or Dismissal of Commitment or Order; Frequency of Commitment Reviews; Hearing Date

Sec. 3. (a) Upon receiving a copy of the court order, the individual or the individual's representative may request a hearing for review or dismissal of the commitment or order concerning the therapy program. The right to review of the regular commitment or therapy order is limited to one (1) review each year, unless the court determines that there is good cause for an additional review.
(b) When a hearing request is received, the court shall set a hearing date and provide at least five (5) days notice to all of the following:
(1) The individual.
(2) The individual's counsel.
(3) Other interested parties.
[Pre-1992 Revision Citation: 16-14-9.1-10(g).]
As added by P.L.2-1992, SEC.20.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 15. Review of Commitment › 12-26-15-4. Rights of Committed Individual; Hearing Procedures

Sec. 4. (a) The rights of a committed individual are the same as those provided in IC 12-26-6.
(b) Hearing procedures for a hearing under this chapter are the same as those provided in IC 12-26-6.
[Pre-1992 Revision Citation: 16-14-9.1-10(g).]
As added by P.L.2-1992, SEC.20.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 15. Review of Commitment › 12-26-15-5. Discharge Before End of Commitment Period or Court Ordered Therapy Program Period; Notice to Court of Discharge or Release From Therapy Program

Sec. 5. (a) Unless the court has entered an order under IC 12-26-12, the individual may be discharged before the end of the commitment period or court ordered therapy program period if either of the following apply:
(1) The superintendent or the attending physician determines that the individual is not mentally ill and either dangerous or gravely disabled.
(2) The superintendent determines, with the written consent of the attending physician, that the individual will enter a facility that provides more appropriate care and treatment immediately following the individual's discharge.
(b) If an individual is discharged or released from a therapy program under this section, the superintendent or the attending physician shall notify the court. The court shall enter an order terminating the commitment or releasing the individual from the therapy program.
[Pre-1992 Revision Citation: 16-14-9.1-10(h).]
As added by P.L.2-1992, SEC.20.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 16. Guardianships › 12-26-16-1. Request by Subject Individual or Other Interested Party; Establishing Guardianship Instead of Making Commitment

Sec. 1. At the request of the individual who is the subject of a proceeding under this article or another interested party, the court may establish a guardianship for the individual or the individual's property instead of making or continuing a regular commitment to a facility under IC 12-26-7 or at any other time.
[Pre-1992 Revision Citation: 16-14-9.1-11 part.]
As added by P.L.2-1992, SEC.20.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 16. Guardianships › 12-26-16-2. Application of Law Governing Guardianships

Sec. 2. A guardianship established under section 1 of this chapter shall be established under the applicable Indiana law governing guardianships.
[Pre-1992 Revision Citation: 16-14-9.1-11 part.]
As added by P.L.2-1992, SEC.20.
2023 Indiana Code › Title 12. Human Services › Article 27. Rights of Individuals Being Treated for Mental Illness or Developmental Disabilities › Chapter 1. Application › 12-27-1-1. Patients Receiving Service or Training From Services Providers

Sec. 1. This article applies to a patient receiving mental health services or developmental training in or from a service provider.
[Pre-1992 Revision Citation: 16-14-1.6-1(a).]
As added by P.L.2-1992, SEC.21.
2023 Indiana Code › Title 12. Human Services › Article 27. Rights of Individuals Being Treated for Mental Illness or Developmental Disabilities › Chapter 1. Application › 12-27-1-2. Individuals Receiving Services or Training Under Department of Correction

Sec. 2. This article does not apply to an individual receiving mental health services or developmental training under the department of correction.
[Pre-1992 Revision Citation: 16-14-1.6-1(c).]
As added by P.L.2-1992, SEC.21.
2023 Indiana Code › Title 12. Human Services › Article 27. Rights of Individuals Being Treated for Mental Illness or Developmental Disabilities › Chapter 1. Application › 12-27-1-3. Private Practitioners or Other Persons; Election to Be Subject to Article

Sec. 3. A private practitioner or other person not covered by this article may elect to be subject to this article by notifying the director of the appropriate division in writing of the election.
[Pre-1992 Revision Citation: 16-14-1.6-1(b).]
As added by P.L.2-1992, SEC.21.
2023 Indiana Code › Title 12. Human Services › Article 27. Rights of Individuals Being Treated for Mental Illness or Developmental Disabilities › Chapter 1. Application › 12-27-1-4. Rules

Sec. 4. Each division shall adopt rules under IC 4-22-2 to implement this article.
[Pre-1992 Revision Citation: 16-14-1.6-9.]
As added by P.L.2-1992, SEC.21.
2023 Indiana Code › Title 12. Human Services › Article 27. Rights of Individuals Being Treated for Mental Illness or Developmental Disabilities › Chapter 2. Rights of Patients › 12-27-2-1. Professional and Appropriate Services or Training; Humane Care; Religious Practice; Consultation With Legal Counsel and Private Practitioners

Sec. 1. Subject to section 2 of this chapter, a patient is entitled to all of the following:
(1) Mental health services or developmental training:
(A) in accordance with standards of professional practice;
(B) appropriate to the patient's needs; and
(C) designed to afford a reasonable opportunity to improve the patient's condition.
(2) Humane care and protection from harm.
(3) The right to practice the patient's religion.
(4) Contact and consultation with legal counsel and private practitioners of the patient's choice at the patient's expense.
[Pre-1992 Revision Citation: 16-14-1.6-2(a).]
As added by P.L.2-1992, SEC.21.
2023 Indiana Code › Title 12. Human Services › Article 27. Rights of Individuals Being Treated for Mental Illness or Developmental Disabilities › Chapter 2. Rights of Patients › 12-27-2-2. Limitations; No Known Effective Treatment or Training; Services or Training Not Likely to Produce Significant Improvement

Sec. 2. (a) The rights set forth in section 1 of this chapter are subject to the limitation that there may be certain conditions for which there is no known effective treatment or developmental training.
(b) A service provider is not required to afford mental health services or developmental training where treatment would not be likely to produce a significant improvement.
[Pre-1992 Revision Citation: 16-14-1.6-2(b).]
As added by P.L.2-1992, SEC.21.
2023 Indiana Code › Title 12. Human Services › Article 27. Rights of Individuals Being Treated for Mental Illness or Developmental Disabilities › Chapter 2. Rights of Patients › 12-27-2-3. Exercise of Constitutional, Statutory, and Civil Rights; Rights Denied or Limited by Adjudication or Finding of Mental Incompetency; Voidable Acts Not Validated

Sec. 3. (a) A patient is entitled to exercise the patient's constitutional, statutory, and civil rights except for those rights that have been denied or limited by an adjudication or finding of mental incompetency in a guardianship or other civil proceeding.
(b) This section does not validate the otherwise voidable act of an individual who was:
(1) mentally incompetent at the time of the act; and
(2) not judicially declared to be mentally incompetent.
[Pre-1992 Revision Citation: 16-14-1.6-4.]
As added by P.L.2-1992, SEC.21.
2023 Indiana Code › Title 12. Human Services › Article 27. Rights of Individuals Being Treated for Mental Illness or Developmental Disabilities › Chapter 3. Conditional Rights of Patients in Residential Settings › 12-27-3-1. Reasonable Means of Communication Defined

Sec. 1. As used in this chapter, "reasonable means of communication" includes the following rights:
(1) To be visited at reasonable times.
(2) To send and receive sealed mail.
(3) To have access to a reasonable amount of letter writing materials and postage.
(4) To place and receive telephone calls at the patient's own expense.
[Pre-1992 Revision Citation: 16-14-1.6-3(a)(2).]
As added by P.L.2-1992, SEC.21.
2023 Indiana Code › Title 12. Human Services › Article 27. Rights of Individuals Being Treated for Mental Illness or Developmental Disabilities › Chapter 3. Conditional Rights of Patients in Residential Settings › 12-27-3-2. Rights Additional to Those Recognized in Ic 12-27-2

Sec. 2. The rights described in this chapter are in addition to the rights recognized in IC 12-27-2.
[Pre-1992 Revision Citation: 16-14-1.6-3(a).]
As added by P.L.2-1992, SEC.21.
2023 Indiana Code › Title 12. Human Services › Article 27. Rights of Individuals Being Treated for Mental Illness or Developmental Disabilities › Chapter 3. Conditional Rights of Patients in Residential Settings › 12-27-3-3. Conditional Rights

Sec. 3. Subject to section 4 of this chapter, a patient receiving services or training in a residential setting is conditionally entitled to do all of the following:
(1) Wear the individual's own clothes.
(2) Keep and use personal possessions.
(3) Keep and spend a reasonable amount of the individual's own money.
(4) Have access to individual storage space for private use.
(5) Maintain reasonable means of communication with persons outside the facility.
[Pre-1992 Revision Citation: 16-14-1.6-3(a)(1), (a)(2).]
As added by P.L.2-1992, SEC.21.
2023 Indiana Code › Title 12. Human Services › Article 27. Rights of Individuals Being Treated for Mental Illness or Developmental Disabilities › Chapter 3. Conditional Rights of Patients in Residential Settings › 12-27-3-4. Denial or Limitation of Rights

Sec. 4. The conditional rights recognized in this chapter may be denied or limited as follows:
(1) In the circumstances and according to the procedures established by rules of the appropriate division.
(2) Because of inconsistency with the design of a treatment or habilitation program if the program design has been approved by the division.
(3) On an individual basis, only for good cause as set forth in the individual treatment record and approved by the person primarily responsible for the patient's care and treatment.
[Pre-1992 Revision Citation: 16-14-1.6-3(b).]
As added by P.L.2-1992, SEC.21.
2023 Indiana Code › Title 12. Human Services › Article 27. Rights of Individuals Being Treated for Mental Illness or Developmental Disabilities › Chapter 3. Conditional Rights of Patients in Residential Settings › 12-27-3-5. Notice of Denial or Limitation of Rights

Sec. 5. The service provider shall give notice of denial or limitation of rights under section 4 of this chapter to the following:
(1) The patient.
(2) The guardian or appointed advocate of the patient.
[Pre-1992 Revision Citation: 16-14-1.6-3(c).]
As added by P.L.2-1992, SEC.21.
2023 Indiana Code › Title 12. Human Services › Article 27. Rights of Individuals Being Treated for Mental Illness or Developmental Disabilities › Chapter 4. Seclusion and Restraint of Patients › 12-27-4-1. Cases in Which Seclusion or Restraint May Be Used

Sec. 1. A service provider may use seclusion or restraint of a patient only in the following cases:
(1) When necessary to prevent danger of abuse or injury to the patient or others.
(2) As a measure of therapeutic treatment.
[Pre-1992 Revision Citation: 16-14-1.6-6 part.]
As added by P.L.2-1992, SEC.21.
2023 Indiana Code › Title 12. Human Services › Article 27. Rights of Individuals Being Treated for Mental Illness or Developmental Disabilities › Chapter 4. Seclusion and Restraint of Patients › 12-27-4-2. Recording Instances of and Reasons for Use of Seclusion or Restraint

Sec. 2. A service provider shall record all instances of restraint or seclusion and detailed reasons for the restraint or seclusion in the patient's habilitation or treatment record.
[Pre-1992 Revision Citation: 16-14-1.6-6 part.]
As added by P.L.2-1992, SEC.21.
2023 Indiana Code › Title 12. Human Services › Article 27. Rights of Individuals Being Treated for Mental Illness or Developmental Disabilities › Chapter 4. Seclusion and Restraint of Patients › 12-27-4-3. Observation of Restrained or Secluded Patient; Recording

Sec. 3. A service provider shall do the following:
(1) Frequently observe a patient who is restrained or secluded.
(2) Enter written notification of the observation in the patient's treatment or habilitation record.
[Pre-1992 Revision Citation: 16-14-1.6-6 part.]
As added by P.L.2-1992, SEC.21.
2023 Indiana Code › Title 12. Human Services › Article 27. Rights of Individuals Being Treated for Mental Illness or Developmental Disabilities › Chapter 5. Refusal of Treatment › 12-27-5-1. Voluntary Patients; Rights to Refuse Treatment

Sec. 1. An adult voluntary patient who is not adjudicated mentally incompetent may refuse to submit to treatment or a habilitation program.
[Pre-1992 Revision Citation: 16-14-1.6-7 part.]
As added by P.L.2-1992, SEC.21.
2023 Indiana Code › Title 12. Human Services › Article 27. Rights of Individuals Being Treated for Mental Illness or Developmental Disabilities › Chapter 5. Refusal of Treatment › 12-27-5-2. Involuntary Patients; Petitioning Committing Court or Hearing Officer

Sec. 2. (a) An involuntary patient who wants to refuse to submit to treatment or a habilitation program may petition the committing court or hearing officer for consideration of the treatment or program.
(b) In the absence of a petition made under subsection (a), the service provider may proceed with the proposed treatment or habilitation program.
[Pre-1992 Revision Citation: 16-14-1.6-7 part.]
As added by P.L.2-1992, SEC.21.
2023 Indiana Code › Title 12. Human Services › Article 27. Rights of Individuals Being Treated for Mental Illness or Developmental Disabilities › Chapter 6. Information Concerning Rights of Patients › 12-27-6-1. Patient Access to Information Respecting Patient Rights

Sec. 1. The administrative head of a facility subject to this article shall ensure that each patient in the service provider's care has access to the information contained in this article respecting the patient's rights.
[Pre-1992 Revision Citation: 16-14-1.6-11.]
As added by P.L.2-1992, SEC.21.
2023 Indiana Code › Title 12. Human Services › Article 27. Rights of Individuals Being Treated for Mental Illness or Developmental Disabilities › Chapter 6. Information Concerning Rights of Patients › 12-27-6-2. Information Required to Be Given Patients

Sec. 2. A service provider shall inform all patients of the following:
(1) The nature of the treatment or habilitation program proposed.
(2) The known effects of receiving and of not receiving the treatment or habilitation.
(3) Alternative treatments or habilitation programs, if any.
[Pre-1992 Revision Citation: 16-14-1.6-7 part.]
As added by P.L.2-1992, SEC.21.
2023 Indiana Code › Title 12. Human Services › Article 27. Rights of Individuals Being Treated for Mental Illness or Developmental Disabilities › Chapter 6. Information Concerning Rights of Patients › 12-27-6-3. Adult Voluntary Patients; Right to Refuse Treatment or Habilitation; Involuntary Patients; Right to Petition for Consideration

Sec. 3. (a) A service provider shall inform all adult voluntary patients who are not adjudicated mentally incompetent of the right to refuse to submit to treatment or a habilitation program.
(b) A service provider shall inform all involuntary patients, verbally and in writing, of the right to petition the committing court or hearing officer for consideration of the treatment or program.
[Pre-1992 Revision Citation: 16-14-1.6-7 part.]
As added by P.L.2-1992, SEC.21. Amended by P.L.121-1996, SEC.2.
2023 Indiana Code › Title 12. Human Services › Article 27. Rights of Individuals Being Treated for Mental Illness or Developmental Disabilities › Chapter 7. Waiver of Rights › 12-27-7-1. Voluntary and Knowing Waiver

Sec. 1. A patient may waive any of the rights enumerated in this article if the waiver is given voluntarily and knowingly.
[Pre-1992 Revision Citation: 16-14-1.6-5 part.]
As added by P.L.2-1992, SEC.21.
2023 Indiana Code › Title 12. Human Services › Article 27. Rights of Individuals Being Treated for Mental Illness or Developmental Disabilities › Chapter 7. Waiver of Rights › 12-27-7-2. Admission to Program; Waiver Not Condition

Sec. 2. A waiver made under section 1 of this chapter may be withdrawn at any time.
[Pre-1992 Revision Citation: 16-14-1.6-5 part.]
As added by P.L.2-1992, SEC.21.
2023 Indiana Code › Title 12. Human Services › Article 27. Rights of Individuals Being Treated for Mental Illness or Developmental Disabilities › Chapter 7. Waiver of Rights › 12-27-7-3. Withdrawal of Waiver

Sec. 3. Admission to a treatment or habilitation program may not be conditioned upon the giving of a waiver under section 1 of this chapter.
[Pre-1992 Revision Citation: 16-14-1.6-5 part.]
As added by P.L.2-1992, SEC.21.
2023 Indiana Code › Title 12. Human Services › Article 27. Rights of Individuals Being Treated for Mental Illness or Developmental Disabilities › Chapter 8. Remedies › 12-27-8-1. Remedy for Violations

Sec. 1. A violation of rights recognized by this article may be remedied under this chapter.
[Pre-1992 Revision Citation: 16-14-1.6-10 part.]
As added by P.L.2-1992, SEC.21.
2023 Indiana Code › Title 12. Human Services › Article 27. Rights of Individuals Being Treated for Mental Illness or Developmental Disabilities › Chapter 8. Remedies › 12-27-8-2. Action; Court Having Jurisdiction; Money Damages for Willful or Wanton Violations

Sec. 2. (a) An individual whose rights were violated or a person authorized by statute to act on the individual's behalf may bring an action.
(b) An action under this section shall be brought in a court that has jurisdiction.
(c) In an action under this section, money damages may be awarded only for willful or wanton violation of the rights recognized by this article.
[Pre-1992 Revision Citation: 16-14-1.6-10(1).]
As added by P.L.2-1992, SEC.21.
2023 Indiana Code › Title 12. Human Services › Article 27. Rights of Individuals Being Treated for Mental Illness or Developmental Disabilities › Chapter 8. Remedies › 12-27-8-3. Administrative Remedies

Sec. 3. A violation of rights recognized by this article may be remedied by an appropriate administrative action, including the following:
(1) Disciplinary action against an employee.
(2) Withdrawal of certification, license, or funding of a service provider.
[Pre-1992 Revision Citation: 16-14-1.6-10(2).]
As added by P.L.2-1992, SEC.21.
2023 Indiana Code › Title 12. Human Services › Article 27. Rights of Individuals Being Treated for Mental Illness or Developmental Disabilities › Chapter 9. Mental Health Ombudsman Program › 12-27-9-2. Confidentiality of Information

Sec. 2. Except as provided under section 6 of this chapter, all information and records of the ombudsman under this chapter are confidential and may not become public records or be subject to a subpoena or discovery proceedings.
As added by P.L.40-1994, SEC.62.
2023 Indiana Code › Title 12. Human Services › Article 27. Rights of Individuals Being Treated for Mental Illness or Developmental Disabilities › Chapter 9. Mental Health Ombudsman Program › 12-27-9-3. Contract With Nonprofit Corporation for Operation of Program

Sec. 3. Within the limits of appropriated funds, the division of mental health and addiction shall contract in writing with a nonprofit corporation for the operation of the mental health ombudsman program. The nonprofit corporation must:
(1) be qualified to receive tax deductible contributions under Section 170 of the Internal Revenue Code;
(2) have offices statewide; and
(3) have experience in mental health advocacy.
As added by P.L.40-1994, SEC.62. Amended by P.L.215-2001, SEC.75.
2023 Indiana Code › Title 12. Human Services › Article 27. Rights of Individuals Being Treated for Mental Illness or Developmental Disabilities › Chapter 9. Mental Health Ombudsman Program › 12-27-9-4. Duties of Program; Records and Reports

Sec. 4. (a) The mental health ombudsman program operated under this chapter must do the following:
(1) Have at least one (1) full-time person to operate the program.
(2) Recruit and train volunteers to help carry out the duties of the program under this chapter.
(3) Mediate or advocate on behalf of mental health patients.
(4) At the request of a mental health patient, or upon receiving a complaint or other information affording reasonable grounds to believe that the rights of a mental health patient who is not capable of requesting assistance have been adversely affected, gather information about, analyze, and review on behalf of the mental health patient, the actions of an agency, a facility, or a program.
(5) At reasonable times in the course of conducting a review, enter and view premises within the control of an agency, a facility, or a program.
(b) The mental health ombudsman shall maintain records of all activities on behalf of consumers and report all findings to the division on a quarterly basis.
As added by P.L.40-1994, SEC.62.
2023 Indiana Code › Title 12. Human Services › Article 27. Rights of Individuals Being Treated for Mental Illness or Developmental Disabilities › Chapter 9. Mental Health Ombudsman Program › 12-27-9-5. Complaints; Recommendations

Sec. 5. (a) The ombudsman may receive a complaint from the division of mental health and addiction's toll free number (IC 12-21-5-1.5) or any source concerning an action by an agency, a facility, or a program. After completing a review, the ombudsman shall inform the complainant and the agency, facility, or program that the review has been completed.
(b) If, after:
(1) reviewing a complaint;
(2) considering the response of an agency, a facility, or a program; and
(3) considering any other pertinent material;
the mental health ombudsman determines that the complaint has merit, the ombudsman may make recommendations to that agency, facility, or program.
(c) At the ombudsman's request, the agency, facility, or program shall, within a reasonable time, inform the ombudsman about the action taken on the ombudsman's recommendation under subsection (b) or the reasons for not complying with the ombudsman's recommendation.
As added by P.L.40-1994, SEC.62. Amended by P.L.215-2001, SEC.76.
2023 Indiana Code › Title 12. Human Services › Article 27. Rights of Individuals Being Treated for Mental Illness or Developmental Disabilities › Chapter 9. Mental Health Ombudsman Program › 12-27-9-6. Referral of Matters; Statistics

Sec. 6. (a) If the ombudsman believes that the agency, facility, or program has failed to comply with the ombudsman's recommendations, the ombudsman shall refer the matter to the division of mental health and addiction or the Indiana protection and advocacy services commission as appropriate.
(b) The ombudsman shall compile annual statistics on each agency, facility, or program on which it reviews a complaint or conducts an investigation and determines that the complaint has merit or the investigation reveals a problem. The statistics must specify the types of complaints or problems and each agency, facility, or program that has failed to comply with the ombudsman's recommendations. The statistics shall be reported to the director of the division of mental health and addiction.
As added by P.L.40-1994, SEC.62. Amended by P.L.215-2001, SEC.77.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 1. Indiana Protection and Advocacy Service Commission › 12-28-1-1. Policy; Purpose; Liberal Construction

Sec. 1. (a) It is the policy of the state that every individual with a developmental disability, individual with a mental illness, and individual seeking or receiving vocational rehabilitation services has the same right to legal and other professional and lay representational services to promote, protect, and advocate the individual's interests as any other individual.
(b) It is the intent of this chapter to secure to the state, the state's local units of government, and Indiana citizens maximum benefits under the Developmentally Disabled Assistance and Bill of Rights Act (P.L.94-103), and to this end this chapter should be liberally construed.
[Pre-1992 Revision Citations: 16-13-19-1; 16-13-19-6.]
As added by P.L.2-1992, SEC.22. Amended by P.L.99-2007, SEC.131.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 1. Indiana Protection and Advocacy Service Commission › 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, or interceding on behalf of individuals with developmental disabilities, individuals with a mental illness, or individuals seeking or receiving vocational rehabilitation services before public or private agencies, organizations, institutions, or individuals serving individuals with a developmental disability or individuals with a mental illness or providing vocational rehabilitation services.
[Pre-1992 Revision Citation: 16-13-19-2 part.]
As added by P.L.2-1992, SEC.22. Amended by P.L.99-2007, SEC.132.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 1. Indiana Protection and Advocacy Service Commission › 12-28-1-3. Commission Defined

Sec. 3. As used in this chapter, "commission" refers to the Indiana protection and advocacy services commission established by this chapter.
[Pre-1992 Revision Citation: 16-13-19-2 part.]
As added by P.L.2-1992, SEC.22.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 1. Indiana Protection and Advocacy Service Commission › 12-28-1-4. Services Defined

Sec. 4. As used in this chapter, "services" refers to Indiana protection and advocacy services.
[Pre-1992 Revision Citation: 16-13-19-2 part.]
As added by P.L.2-1992, SEC.22.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 1. Indiana Protection and Advocacy Service Commission › 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 (29 U.S.C. 701 et seq.).
[Pre-1992 Revision Citation: 16-13-19-2 part.]
As added by P.L.2-1992, SEC.22.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 1. Indiana Protection and Advocacy Service Commission › 12-28-1-6. Establishment of Commission; Membership; Eligibility; Advisory Members

Sec. 6. (a) The Indiana protection and advocacy services commission is established. The commission is composed of thirteen (13) members who represent or who are knowledgeable about the needs of individuals served by the commission, including an intellectual disability, cerebral palsy, epilepsy, autism, and mental illness to be appointed as follows:
(1) Four (4) members to be appointed by the governor.
(2) Nine (9) members to be appointed by a majority vote of commission members.
(b) An official or employee of a branch of state government that delivers services to individuals with a developmental disability, with a mental illness, or seeking or receiving vocational rehabilitation services is not eligible for membership on the commission.
(c) One (1) member of the senate appointed by the president pro tempore of the senate and one (1) member of the house of representatives appointed by the speaker of the house of representatives serve in an advisory nonvoting capacity to the commission.
[Pre-1992 Revision Citation: 16-13-19-3(a), (b), (c).]
As added by P.L.2-1992, SEC.22. Amended by P.L.140-1993, SEC.3; P.L.99-2007, SEC.133; P.L.117-2015, SEC.23.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 1. Indiana Protection and Advocacy Service Commission › 12-28-1-7. Term of Office; Consecutive Terms

Sec. 7. (a) The term of office of a member of the commission is three (3) years.
(b) A member may not serve more than five (5) consecutive terms.
[Pre-1992 Revision Citation: 16-13-19-3(d) part.]
As added by P.L.2-1992, SEC.22. Amended by P.L.23-1998, SEC.1; P.L.46-2003, SEC.1.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 1. Indiana Protection and Advocacy Service Commission › 12-28-1-8. Vacancies

Sec. 8. A vacancy on the commission must be filled by appointment not later than sixty (60) days after the vacancy occurs. A member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of the term.
[Pre-1992 Revision Citation: 16-13-19-3(f).]
As added by P.L.2-1992, SEC.22. Amended by P.L.140-1993, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 1. Indiana Protection and Advocacy Service Commission › 12-28-1-9. Per Diem; Travel Expenses

Sec. 9. The commission members are entitled to per diem and travel expenses for attending the meetings of the commission as provided for state employees under IC 4-10-11-2.1.
[Pre-1992 Revision Citation: 16-13-19-3(e).]
As added by P.L.2-1992, SEC.22.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 1. Indiana Protection and Advocacy Service Commission › 12-28-1-10. Executive Director

Sec. 10. The commission shall establish Indiana protection and advocacy services and appoint an individual to be executive director of the services. The executive director serves at the pleasure of the commission and shall devote the director's time exclusively to the performance of the duties of the office.
[Pre-1992 Revision Citation: 16-13-19-3 part.]
As added by P.L.2-1992, SEC.22.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 1. Indiana Protection and Advocacy Service Commission › 12-28-1-11. Purpose of Commission

Sec. 11. The primary purpose of the commission is to assure adequate legal and advocacy services for the:
(1) promotion;
(2) protection; and
(3) advocacy;
of the rights and interests of individuals with a developmental disability, individuals with a mental illness, and individuals who are seeking or receiving vocational rehabilitation services throughout Indiana.
[Pre-1992 Revision Citation: 16-13-19-4.]
As added by P.L.2-1992, SEC.22. Amended by P.L.99-2007, SEC.134.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 1. Indiana Protection and Advocacy Service Commission › 12-28-1-12. Powers, Duties, and Functions of Commission

Sec. 12. Notwithstanding IC 4-6-2, the commission has the following powers, duties, and functions:
(1) Establish and maintain all necessary offices.
(2) Provide legal and other advocacy services throughout Indiana to individuals or organizations on matters related to the protection of the legal and human rights of individuals with a developmental disability, individuals with a mental illness, and individuals who are seeking or receiving vocational rehabilitation services.
(3) Enter into contractual relationships and sue and be sued in the name of the services.
(4) Apply for, solicit, and accept contributions or grants of money, 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.
(5) Provide information and referral services.
(6) Adopt rules under IC 4-22-2 to do the following:
(A) Establish and operate local protection and advocacy service units.
(B) Operate the service.
(C) Perform the commission's duties.
(7) Ensure full participation in the electoral process in individuals with disabilities, including registering to vote, casting a vote, and accessing polling places, in accordance with 52 U.S.C. 21061 through 52 U.S.C. 21062.
[Pre-1992 Revision Citation: 16-13-19-5.]
As added by P.L.2-1992, SEC.22. Amended by P.L.209-2003, SEC.201; P.L.99-2007, SEC.135; P.L.100-2012, SEC.34; P.L.128-2015, SEC.235.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 1. Indiana Protection and Advocacy Service Commission › 12-28-1-13. Eligibility for Services

Sec. 13. An individual with mental illness is eligible for services under this chapter if the individual:
(1) has significant mental illness or emotional impairment, as determined by a mental health professional qualified under Indiana statutes and rules; and
(2) is:
(A) an inpatient or a resident in a facility rendering care or treatment even if the location of the inpatient or resident is unknown;
(B) in the process of being admitted to a facility rendering care or treatment, including an individual being transported to the facility;
(C) involuntarily confined in a municipal detention facility for reasons other than serving a sentence resulting from conviction for a crime; or
(D) living in a community setting, including the individual's own home.
[Pre-1992 Revision Citation: 16-13-19-2.5.]
As added by P.L.2-1992, SEC.22. Amended by P.L.99-2007, SEC.136; P.L.45-2013, SEC.1.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 2. Interstate Compact on Mental Health › 12-28-2-2. Compact Administrator; Rules; Cooperation

Sec. 2. (a) Pursuant to the compact described in section 1 of this chapter, the director or a person authorized to act on behalf of the director shall perform the duties of compact administrator.
(b) The compact administrator may, acting jointly with like officers of other party states, adopt rules to carry out more effectively the terms of the compact.
(c) The compact administrator shall cooperate with all departments, agencies, and officers of the state and subdivisions of the state in facilitating the proper administration of the compact or of any supplementary agreement entered into by Indiana under the compact.
[Pre-1992 Revision Citation: 16-13-8-2.]
As added by P.L.2-1992, SEC.22.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 2. Interstate Compact on Mental Health › 12-28-2-3. Supplementary Agreements

Sec. 3. The compact administrator may enter into supplementary agreements with appropriate officials of other states pursuant to articles 7 and 11 of the compact. If a supplementary agreement requires or contemplates:
(1) the use of an institution or a facility of Indiana; or
(2) the provision of any service by Indiana;
the agreement does not have force or effect until approved by the head of the department or agency under whose jurisdiction the particular institution or facility is operated or whose department or agency will be charged with provision of the service.
[Pre-1992 Revision Citation: 16-13-8-3.]
As added by P.L.2-1992, SEC.22.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 2. Interstate Compact on Mental Health › 12-28-2-4. Financial Obligations; Discharge

Sec. 4. The compact administrator may, subject to the approval of the chief state fiscal officer, make or arrange for any payments necessary to discharge any financial obligations imposed upon Indiana by the compact or by a supplementary agreement.
[Pre-1992 Revision Citation: 16-13-8-4.]
As added by P.L.2-1992, SEC.22.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 3. Uniform Act for the Extradition of Persons of Unsound Mind › 12-28-3-1. Flight and Fled Defined

Sec. 1. As used in this chapter, "flight" and "fled" mean:
(1) any voluntary or involuntary departure from the jurisdiction of the court where the proceedings mentioned in this chapter may have been instituted and are still pending, with the effect of avoiding, impeding, or delaying the action of the court in which the proceedings may have been instituted or may be pending; or
(2) any departure from the state where the individual demanded then was under the detention by law as an individual of unsound mind and subject to detention.
[Pre-1992 Revision Citation: 16-13-9-2 part.]
As added by P.L.2-1992, SEC.22.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 3. Uniform Act for the Extradition of Persons of Unsound Mind › 12-28-3-2. Repealed

[Pre-1992 Revision Citation: 16-13-9-2 part.]
As added by P.L.2-1992, SEC.22. Repealed by P.L.1-1993, SEC.154.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 3. Uniform Act for the Extradition of Persons of Unsound Mind › 12-28-3-3. Executive Authority, Governor, and Chief Magistrate Defined

Sec. 3. As used in this chapter and as applied to a request to return any individual within the purview of this chapter to or from the District of Columbia, "executive authority", "governor", and "chief magistrate" respectively, includes a justice of the Supreme Court of the District of Columbia and other authority.
[Pre-1992 Revision Citation: 16-13-9-2 part.]
As added by P.L.2-1992, SEC.22.
2023 Indiana Code › Title 12. Human Services › Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities › Chapter 3. Uniform Act for the Extradition of Persons of Unsound Mind › 12-28-3-4. Conditions Requiring Delivery of Fugitive

Sec. 4. An individual alleged to be of unsound mind found in Indiana, who has fled from another state in which at the time of the individual's flight the individual:
(1) was under detention by law in a hospital, asylum, or other institution for the insane as an individual of unsound mind;
(2) had been determined by legal proceedings to be of unsound mind, the finding being unreversed and in full force and effect, and the control of the individual having been acquired by a court of competent jurisdiction of the state from which the individual fled; or
(3) was subject to detention in the other state, being then the individual's legal domicile (personal service of process having been made) based on legal proceedings there pending to have the individual declared of unsound mind;
shall, on demand of the executive authority of the state from which the individual fled, be delivered up to be removed to that state.
[Pre-1992 Revision Citation: 16-13-9-3.]
As added by P.L.2-1992, SEC.22.