reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 1. Bureau of Aging Services › 12-10-1-7. Issuance of Citation for Violations; Requirements; Remedies; Considerations in Determination of Remedy

Sec. 7. (a) Upon a determination by the bureau that a provider has violated this article or a rule adopted under this article, the director shall issue a citation under IC 4-21.5-3-6 to the provider. The citation must state the following:
(1) The nature of the violation.
(2) The classification of the violation.
(3) The corrective actions required of the provider to remedy the breach and to protect clients of the provider.
(4) Any penalty imposed on the provider.
(b) A person aggrieved by a citation issued under this section may request a review under IC 4-21.5-3-7. If a request for a hearing is not filed within the fifteen (15) day period, the determination contained in the citation is final.
(c) The bureau may impose the following remedies for a violation of this article or a rule adopted under this article:
(1) Issuance of an order for immediate correction of the violation.
(2) Imposition of a fine not to exceed ten thousand dollars ($10,000).
(3) Suspension of new clients by the provider for a period not to exceed ninety (90) days.
(4) Revocation of the provider's license or issuance of a probationary license.
(5) A requirement that the provider comply with any plan of correction approved or directed by the division.
(d) In determining appropriate remedies under this section for a violation, the bureau shall consider the following:
(1) Whether the violation occurred for reasons beyond the provider's control.
(2) Whether the provider has demonstrated that the provider has taken the appropriate steps to reasonably ensure that the violation will not recur.
(3) The history of violations by the provider.
(4) The effect of the violation on the client.
(5) The degree of the violation.
As added by P.L.153-2011, SEC.7.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 2. Commission on Aging › 12-10-2-1. "Commission" Defined

Sec. 1. As used in this chapter, "commission" refers to the Indiana state commission on aging established by this chapter.
[1992 Revision Citation: New.]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 2. Commission on Aging › 12-10-2-2. Establishment of Commission

Sec. 2. The Indiana state commission on aging is established within the division.
[Pre-1992 Revision Citation: 4-28-4-4(a).]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 2. Commission on Aging › 12-10-2-3. Membership

Sec. 3. (a) The commission consists of sixteen (16) members.
(b) Not more than eight (8) members may be from the same political party. The members must be Indiana residents who are interested in the problems of the aging and the aged.
(c) The governor shall appoint the members of the commission, using the following geographical distribution formula:
(1) One (1) member from each congressional district.
(2) The balance of the members appointed at large. However, not more than two (2) residents of the same county may be appointed as members of the commission.
[Pre-1992 Revision Citations: subsection (a) formerly 4-28-4-4(b) part; subsection (b) formerly 4-28-4-4(b) part; subsection (c) formerly 4-28-4-5(a).]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 2. Commission on Aging › 12-10-2-4. Term of Office; Termination

Sec. 4. (a) The term of a member of the commission is four (4) years. The term of a member filling a vacancy is for the remainder of the unexpired term.
(b) The term of a member of the commission expires July 1, but a member continues in office until a successor is appointed.
(c) The governor may terminate the appointment of a member of the commission by notifying the member, the chairman of the commission, and the director.
[Pre-1992 Revision Citations: subsection (a) formerly 4-28-4-5(b) part; subsection (b) formerly 4-28-4-5(b) part; subsection (c) formerly 4-28-4-5(c).]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 2. Commission on Aging › 12-10-2-5. Executive Committee; Election

Sec. 5. At its first meeting of each year, the commission shall elect a chairman, three (3) vice chairmen, and a secretary to serve for one (1) year. These officers are the executive committee of the commission.
[Pre-1992 Revision Citation: 4-28-4-6.]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 2. Commission on Aging › 12-10-2-6. Quorum

Sec. 6. (a) Nine (9) members of the commission constitute a quorum for the transaction of the business of the commission.
(b) Approval by nine (9) members of the commission is required for any action to be taken by the commission.
[Pre-1992 Revision Citation: 4-28-4-7 part.]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 2. Commission on Aging › 12-10-2-7. Duties

Sec. 7. The commission shall do the following:
(1) Encourage the study and discussion of the problems of the aging and the aged.
(2) Promote the organization of and officially recognize voluntary councils for the study and discussion of problems of the aging and the aged.
(3) Assist the division in the development of a comprehensive plan to meet the needs of the aged.
[Pre-1992 Revision Citation: 4-28-4-8.]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 2. Commission on Aging › 12-10-2-8. Travel and Other Expenses; per Diem

Sec. 8. Each member of the commission, each consultant to the commission, and each member of any advisory council established by the commission is entitled to the following:
(1) Reimbursement for official traveling expenses and other expenses, as provided in the state travel policy and procedures established by the Indiana department of administration and approved by the budget agency.
(2) Salary per diem, as provided in IC 4-10-11-2.1(b), for each day engaged in the official business of the commission.
[Pre-1992 Revision Citation: 4-28-4-9.]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 3. Adult Protective Services › 12-10-3-1. "Adult Protective Services Unit"

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.
[Pre-1992 Revision Citations: 4-28-5-1; 4-28-5-4.5 part.]
As added by P.L.2-1992, SEC.4. Amended by P.L.21-1996, SEC.2.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 3. Adult Protective Services › 12-10-3-2. "Endangered Adult"

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, intellectual disability, 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) a battery offense included in IC 35-42-2; 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, IC 35-42-2-1.3, 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, intellectual disability, 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.
[Pre-1992 Revision Citation: 4-28-5-2.]
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; P.L.117-2015, SEC.17; P.L.65-2016, SEC.6.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 3. Adult Protective Services › 12-10-3-3. "Governmental Entity"

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.
[Pre-1992 Revision Citation: 4-28-5-3.]
As added by P.L.2-1992, SEC.4. Amended by P.L.4-1993, SEC.36; P.L.5-1993, SEC.49.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 3. Adult Protective Services › 12-10-3-4. "Life Threatening Emergency"

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.
[Pre-1992 Revision Citation: 4-28-5-3.5.]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 3. Adult Protective Services › 12-10-3-5. "Protective Services"

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.
[Pre-1992 Revision Citation: 4-28-5-4.]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 3. Adult Protective Services › 12-10-3-6. "Reason to Believe"

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.
[Pre-1992 Revision Citation: 4-28-5-4.5 part.]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 3. Adult Protective Services › 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.
[Pre-1992 Revision Citation: 4-28-5-5.]
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.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 3. Adult Protective Services › 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.
[Pre-1992 Revision Citation: 4-28-5-6.]
As added by P.L.2-1992, SEC.4. Amended by P.L.110-1996, SEC.2.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 3. Adult Protective Services › 12-10-3-8.5. Reporting of Observed or Suspected Animal Cruelty, Abandonment, or Neglect

Sec. 8.5. (a) If, during an investigation under section 8 of this chapter, an adult protective services unit observes, or has reason to believe, that an animal is a victim of animal cruelty, abandonment, or neglect, the adult protective services unit may make a report of the observed or suspected animal cruelty, abandonment, or neglect to:
(1) the local law enforcement agency; or
(2) the local animal control officer.
(b) The information provided in a report under subsection (a) must include the following:
(1) A name and description of the animal and the animal's condition.
(2) The name and contact number, if known, of the owner or custodian of the animal.
(3) The address or location of the observed or suspected animal cruelty, abandonment, or neglect.
(4) The nature and apparent extent of the observed or suspected animal cruelty, abandonment, or neglect.
(c) This section does not impose a duty or obligation on the adult protective services unit to investigate known or suspected animal cruelty, abandonment, or neglect.
(d) An adult protective services unit that makes a report of an animal that may be a victim of animal cruelty, abandonment, or neglect is immune from any civil or criminal liability unless the adult protective services unit made the report as a result of gross negligence or willful and wanton misconduct.
(e) The identity of any adult protective services unit that makes a report under this section is confidential.
(f) This section does not expand or limit other laws concerning confidentiality requirements.
As added by P.L.106-2018, SEC.1.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 3. Adult Protective Services › 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.
[Pre-1992 Revision Citations: subsection (a) formerly 4-28-5-6.5(a); subsection (b) formerly 4-28-5-6.5(b) part; subsection (c) formerly 4-28-5-6.5(b) part.]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 3. Adult Protective Services › 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.
[Pre-1992 Revision Citation: 4-28-5-7.]
As added by P.L.2-1992, SEC.4. Amended by P.L.21-1996, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 3. Adult Protective Services › 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.
[Pre-1992 Revision Citation: 4-28-5-8.]
As added by P.L.2-1992, SEC.4. Amended by P.L.1-1998, SEC.102.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 3. Adult Protective Services › 12-10-3-12. Toll Free Report Hotline; Establishment of Adult Protective Services Standards of Practice

Sec. 12. The division shall establish the following:
(1) A statewide toll free telephone line continuously open to receive reports of suspected neglect, battery, or exploitation.
(2) Standards of practice established with the concurrence of the prosecuting attorneys council of Indiana (IC 33-39-8-2) and governing the services provided by the adult protective services unit.
[Pre-1992 Revision Citation: 4-28-5-9(a).]
As added by P.L.2-1992, SEC.4. Amended by P.L.153-2011, SEC.8.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 3. Adult Protective Services › 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.
[Pre-1992 Revision Citation: 4-28-5-9(b).]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 3. Adult Protective Services › 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.
[Pre-1992 Revision Citation: 4-28-5-9(c).]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 3. Adult Protective Services › 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.
[Pre-1992 Revision Citation: 4-28-5-9(d).]
As added by P.L.2-1992, SEC.4. Amended by P.L.110-1996, SEC.3.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 3. Adult Protective Services › 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 Indiana department of health under IC 16-28-4-1.
[Pre-1992 Revision Citation: 4-28-5-10.]
As added by P.L.2-1992, SEC.4. Amended by P.L.2-1993, SEC.77; P.L.281-2003, SEC.2; P.L.56-2023, SEC.87.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 3. Adult Protective Services › 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.
[Pre-1992 Revision Citation: 4-28-5-11(a).]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 3. Adult Protective Services › 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.
[Pre-1992 Revision Citation: 4-28-5-11(b).]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 3. Adult Protective Services › 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.
[Pre-1992 Revision Citation: 4-28-5-11(c).]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 3. Adult Protective Services › 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.
[Pre-1992 Revision Citation: 4-28-5-11(d).]
As added by P.L.2-1992, SEC.4. Amended by P.L.110-1996, SEC.4; P.L.272-1999, SEC.28.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 3. Adult Protective Services › 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.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 3. Adult Protective Services › 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.
[Pre-1992 Revision Citation: 4-28-5-11(e).]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 3. Adult Protective Services › 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.
[Pre-1992 Revision Citation: 4-28-5-11(f).]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 3. Adult Protective Services › 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.
[Pre-1992 Revision Citation: 4-28-5-11(g).]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 3. Adult Protective Services › 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.
[Pre-1992 Revision Citation: 4-28-5-11(h).]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 3. Adult Protective Services › 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.
[Pre-1992 Revision Citation: 4-28-5-11(i).]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 3. Adult Protective Services › 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.
[Pre-1992 Revision Citation: 4-28-5-11(j).]
As added by P.L.2-1992, SEC.4. Amended by P.L.77-1992, SEC.2.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 3. Adult Protective Services › 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.
[Pre-1992 Revision Citation: 4-28-5-12.]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 3. Adult Protective Services › 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 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. Amended by P.L.109-2015, SEC.31.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 3. Adult Protective Services › 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.
[Pre-1992 Revision Citation: 4-28-5-13.]
As added by P.L.2-1992, SEC.4. Amended by P.L.21-1996, SEC.5; P.L.28-2004, SEC.89.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 3. Adult Protective Services › 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.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 4. Repealed

[Pre-1992 Revision Citations:
12-10-4-1formerly 4-28-13-2(a)12-10-4-2formerly 4-28-13-2(b)12-10-4-3formerly 4-28-13-2(c)12-10-4-4formerly 4-28-13-2(d)12-10-4-5formerly 4-28-13-312-10-4-6formerly 4-28-13-5.]
Repealed by P.L.153-2011, SEC.20.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 5.5. Alzheimer's and Dementia Special Care Disclosure › 12-10-5.5-1. "Alzheimer's and Dementia Special Care" Defined

Sec. 1. As used in this chapter, "Alzheimer's and dementia special care" means care provided to a person diagnosed with Alzheimer's disease, a related disorder, or dementia who resides in a health facility or a housing with services establishment that:
(1) locks, secures, segregates, or provides a special program or special unit for residents with Alzheimer's disease, related disorders, or dementia; and
(2) advertises, markets, or promotes the health facility as providing Alzheimer's care services, dementia care services, or both.
As added by P.L.106-1997, SEC.4. Amended by P.L.48-2021, SEC.2.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 5.5. Alzheimer's and Dementia Special Care Disclosure › 12-10-5.5-2. "Health Facility" Defined

Sec. 2. As used in this chapter, "health facility" means a facility that is licensed under or subject to IC 16-28.
As added by P.L.106-1997, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 5.5. Alzheimer's and Dementia Special Care Disclosure › 12-10-5.5-2.5. "Housing With Services Establishment" Defined

Sec. 2.5. As used in this chapter, "housing with services establishment" has the meaning set forth in IC 12-10-15-3.
As added by P.L.48-2021, SEC.3.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 5.5. Alzheimer's and Dementia Special Care Disclosure › 12-10-5.5-3. Disclosure Form; Contents

Sec. 3. A health facility and a housing with services establishment that provides or offers Alzheimer's and dementia special care or programing shall prepare a written disclosure in a form provided by the division that has been developed in conjunction with the long term care ombudsman's office and that contains the following information:
(1) The health facility's or housing with services establishment's mission or philosophy statement concerning the needs of residents with Alzheimer's disease, a related disorder, or dementia.
(2) The process and criteria the health facility or housing with services establishment uses to determine placement, transfer, or discharge from Alzheimer's and dementia special care.
(3) The process for the assessment, establishment, and implementation of a plan of Alzheimer's and dementia special care, including how and when changes are made to a plan of care.
(4) The following information concerning the staff of the Alzheimer's and dementia special care unit:
(A) The staff-to-patient ratio for each shift.
(B) The positions and classifications of staff.
(C) The initial training or special education requirements of the staff.
(D) The qualities and amount of continuing education and in-service training required for staff.
(5) A description of the Alzheimer's and dementia special care unit and the unit's design features.
(6) The frequency and types of activities for the residents of the health facility or housing with services establishment who have Alzheimer's disease, a related disorder, or dementia.
(7) The extent that the health facility's Alzheimer's and dementia special care unit and program or housing with services establishment's program offers family support programs and solicits input from family members.
(8) Guidelines for using physical and chemical restraints in providing Alzheimer's and dementia special care.
(9) An itemization of the health facility's or housing with services establishment's charges and fees for Alzheimer's and dementia special care and related services.
(10) Any other features, services, or characteristics that the health facility or housing with services establishment believes distinguishes the health facility or housing with services establishment from Alzheimer's and dementia special care offered by other facilities and establishments.
As added by P.L.106-1997, SEC.4. Amended by P.L.48-2021, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 5.5. Alzheimer's and Dementia Special Care Disclosure › 12-10-5.5-4. Form; Requirements of Health Facility and Housing With Services Establishment

Sec. 4. A health facility and a housing with services establishment shall do the following with the disclosure form required under section 3 of this chapter:
(1) Submit the form to the division in December of each year.
(2) Make the form available to any individual seeking information on services for an individual with Alzheimer's disease or a related disorder.
As added by P.L.106-1997, SEC.4. Amended by P.L.48-2021, SEC.5.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 5.5. Alzheimer's and Dementia Special Care Disclosure › 12-10-5.5-5. Form; Requirements of Division

Sec. 5. The division shall do the following with the disclosure form received from each health facility and housing with services establishment under section 4 of this chapter:
(1) Make the form available to any individual upon request.
(2) Publish all the disclosure forms before February of each year in a single publication to disseminate to the public upon request.
As added by P.L.106-1997, SEC.4. Amended by P.L.48-2021, SEC.6.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 5.7. Dementia Care Specialist Program › 12-10-5.7-1. "Area Agency"

Sec. 1. As used in this chapter, "area agency" means an area agency on aging designated by the bureau under IC 12-10-1-4.
As added by P.L.146-2023, SEC.6.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 5.7. Dementia Care Specialist Program › 12-10-5.7-3. "Specialist"

Sec. 3. As used in this chapter, "specialist" means a dementia care specialist designated by an area agency to administer a program under section 4 of this chapter.
As added by P.L.146-2023, SEC.6.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 5.7. Dementia Care Specialist Program › 12-10-5.7-4. Authority to Establish Dementia Care Specialist Program; Administration of Program

Sec. 4. (a) An area agency may establish a dementia care specialist program under which an area agency may designate an employee as a dementia care specialist for the area agency to administer the program.
(b) A specialist may work with the state dementia coordinator under IC 12-9.1-5-4 to administer the program through the following actions:
(1) Conducting education and outreach activities to increase community awareness of dementia and resources available to support individuals with dementia and their caregivers.
(2) Consulting with and providing training to individuals, including area agency staff, who interact with an individual or a caregiver caring for a person who:
(A) has dementia; or
(B) suffers from symptoms of dementia or a related cognitive disease.
(3) Establishing relationships with health care providers, health maintenance organizations, and other community-based organizations to serve as a liaison to facilitate increased contact and promote organizational care coordination and dementia-friendly activities.
(4) Providing any other service that is determined to be appropriate by the division or area agency that supports the aims and goals of the dementia strategic plan under IC 12-9.1-5 or supports a data collection and evaluation plan to determine health outcomes tied to the dementia care specialist programming.
As added by P.L.146-2023, SEC.6.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 5.7. Dementia Care Specialist Program › 12-10-5.7-5. Authority to Follow Guidelines or Training Requirements

Sec. 5. A specialist may follow any guidelines or training requirements developed by the dementia care specialist coordinator under IC 12-9.1-5-4.
As added by P.L.146-2023, SEC.6.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 6. Residential Care Assistance › 12-10-6-1. Eligibility of County Home Residents; Amount; Rate; Personal Allowance

Sec. 1. (a) An individual who:
(1) is at least sixty-five (65) years of age, is blind, or has a disability; and
(2) is a resident of a county home;
is eligible to receive assistance payments from the state if the individual would be eligible for assistance under the federal Supplemental Security Income program except for the fact that the individual is residing in a county home.
(b) The recipient shall be paid or allowed to retain from the recipient's income a monthly personal allowance. The amount:
(1) is fifty-two dollars ($52);
(2) is exempt from income eligibility consideration by the division; and
(3) may be exclusively used by the recipient for personal needs.
(c) In addition to the amount that may be retained as a personal allowance under this section, an individual is allowed to retain an amount equal to the individual's state and local income tax liability. The amount that may be retained during a month may not exceed one-third (1/3) of the individual's state and local income tax liability for the calendar quarter in which the month occurs. This amount is exempt from income eligibility consideration by the division. The amount retained shall be used by the individual to pay state or local income taxes owed.
(d) In addition to the amounts that may be retained under subsections (b) and (c), an eligible individual may retain a Holocaust victim's settlement payment. The payment is exempt from income eligibility consideration by the division.
(e) The personal allowance for one (1) month for an individual described in subsection (a) is the amount that an individual would be entitled to retain under subsection (b) plus an amount equal to one-half (1/2) of the remainder of:
(1) gross earned income for that month; minus
(2) the sum of:
(A) sixteen dollars ($16); plus
(B) the amount withheld from the person's paycheck for that month for payment of state income tax, federal income tax, and the tax prescribed by the federal Insurance Contribution Act (26 U.S.C. 3101 et seq.); plus
(C) transportation expenses for that month; plus
(D) any mandatory expenses required by the employer as a condition of employment.
[Pre-1992 Revision Citations: 4-28-15-1; 12-1-5.5-1(a); 12-1-5.5-1(b).]
As added by P.L.2-1992, SEC.4. Amended by P.L.2-1993, SEC.78; P.L.4-1993, SEC.37; P.L.5-1993, SEC.50; P.L.152-1995, SEC.2; P.L.24-1997, SEC.22; P.L.128-1999, SEC.6; P.L.272-1999, SEC.30; P.L.294-2001, SEC.1; P.L.141-2006, SEC.41; P.L.99-2007, SEC.60; P.L.229-2011, SEC.118.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 6. Residential Care Assistance › 12-10-6-2. Repealed

[Pre-1992 Revision Citations: 4-28-15-2; 12-1-5.5-1.3(b).]
As added by P.L.2-1992, SEC.4. Amended by P.L.78-1992, SEC.1; P.L.2-1993, SEC.79; P.L.62-1993, SEC.4; P.L.1-1994, SEC.53; P.L.40-1994, SEC.18; P.L.111-1996, SEC.1; P.L.24-1997, SEC.23; P.L.128-1999, SEC.7; P.L.272-1999, SEC.31; P.L.215-2001, SEC.36; P.L.1-2002, SEC.51; P.L.294-2001, SEC.2. Repealed by P.L.1-2003, SEC.104.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 6. Residential Care Assistance › 12-10-6-3. Repealed

[Pre-1992 Revision Citations: 12-1-5.5-1.3(i), (j), (k).]
As added by P.L.2-1992, SEC.4. Amended by P.L.2-1993, SEC.80; P.L.4-1993, SEC.38; P.L.5-1993, SEC.51; P.L.152-1995, SEC.3; P.L.24-1997, SEC.24; P.L.1-2007, SEC.117; P.L.121-2008, SEC.2. Repealed by P.L.229-2011, SEC.272.