Indiana Code
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.

Structure Indiana Code

Indiana Code

Title 12. Human Services

Article 10. Aging Services

Chapter 3. Adult Protective Services

12-10-3-1. "Adult Protective Services Unit"

12-10-3-2. "Endangered Adult"

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. Duties of Adult Protective Services Unit Having Reason to Believe Individual Is Endangered Adult

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

12-10-3-11. Immunity From Civil and Criminal Liability; Privileged Information; Whistleblower Retaliation

12-10-3-12. Toll Free Report Hotline; Establishment of Adult Protective Services Standards of Practice

12-10-3-13. Records; Availability

12-10-3-14. Referral of Reports of Endangerment

12-10-3-15. Confidentiality of Reports; Exceptions

12-10-3-16. Repealed

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

12-10-3-20. Protective Services Consented to by Endangered Adult and Interfered With by Another; Judicial Intervention

12-10-3-21. Involuntary Protective Services; Petition

12-10-3-21.5. Notice of Petition

12-10-3-22. Hearing; Counsel

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

12-10-3-28. Emergency Protective Orders; Petition; Hearing; Stipulations; Interference Injunction; Duration

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

12-10-3-30. Annual Report

12-10-3-31. Persons Not Needing Protective Services