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.
Structure Indiana Code
Chapter 3. Adult Protective Services
12-10-3-1. "Adult Protective Services Unit"
12-10-3-3. "Governmental Entity"
12-10-3-4. "Life Threatening Emergency"
12-10-3-5. "Protective Services"
12-10-3-6. "Reason to Believe"
12-10-3-7. Contracting for Services
12-10-3-8.5. Reporting of Observed or Suspected Animal Cruelty, Abandonment, or Neglect
12-10-3-9. Duty to Report Endangered Adult
12-10-3-10. Reports; Communication; Contents
12-10-3-13. Records; Availability
12-10-3-14. Referral of Reports of Endangerment
12-10-3-15. Confidentiality of Reports; Exceptions
12-10-3-17. Response to Report of Endangered Adult in Licensed Health Facility
12-10-3-18. Timely Referral to Appropriate Responder
12-10-3-19. Court Jurisdiction
12-10-3-21. Involuntary Protective Services; Petition
12-10-3-21.5. Notice of Petition
12-10-3-23. Mandatory Protective Services; Grounds
12-10-3-24. Protective Services Order; Stipulations
12-10-3-25. Modification or Termination of Protective Services Order; Motion
12-10-3-26. Continuing Jurisdiction Hearing; Necessary Findings
12-10-3-27. Orders Protecting or Implementing Delivery of Protective Services
12-10-3-29. Immunity of Division or Unit Personnel From Civil or Criminal Liability
12-10-3-29.5. Appointment as Representative of Endangered Adult