Indiana Code
Chapter 3. Adult Protective Services
12-10-3-28. Emergency Protective Orders; Petition; Hearing; Stipulations; Interference Injunction; Duration

Sec. 28. (a) If:
(1) an alleged endangered adult does not or is unable to consent to the receipt of protective services arranged by the division or the adult protective services unit or withdraws consent previously given; and
(2) the endangered adult is involved in a life threatening emergency;
the adult protective services unit, either directly or through the prosecuting attorney's office of the county in which the alleged endangered adult resides, may petition the superior or circuit court in the county where the alleged endangered adult resides for an emergency protective order.
(b) A petition for an emergency protective order must be under oath or affirmation and must include the following:
(1) The name, age, and residence of the endangered adult who is to receive emergency protective services.
(2) The nature of the problem and an allegation that a life threatening emergency exists.
(3) Evidence that immediate and irreparable injury will result if there is a delay in the provision of services.
(4) The name and address of the petitioner who is filing the petition and the name and address of the person or organization that may be required to complete the court ordered emergency protective services.
(5) Certification that:
(A) notice has been given to the alleged endangered adult, the alleged endangered adult's attorney, if any, or the alleged endangered adult's next of kin, if any; and
(B) section 21.5 of this chapter regarding notice to the alleged endangered adult's next of kin has been complied with.
If notice has not been given, a description of the attempts to give notice shall be given.
(6) A description of the emergency protective services to be provided.
(c) If, after the hearing of the petition, the court determines that the endangered adult should be required to receive emergency protective services, the court shall issue an emergency protective order if the court finds the following:
(1) The individual is an endangered adult.
(2) A life threatening emergency exists.
(3) The endangered adult is in need of the proposed emergency protective services.
The court may issue the order ex parte.
(d) An emergency protective order must stipulate the following:
(1) The objectives of the emergency protective order.
(2) The least restrictive emergency protective services necessary to attain the objectives of the emergency protective order that the endangered adult must receive.
(3) The duration during which the endangered adult must receive the emergency protective services.
(4) That the emergency protective services unit or other person designated by the court shall do the following:
(A) Provide or arrange for the provision of the emergency protective services ordered by the court.
(B) Petition the court to modify or terminate the emergency protective order if:
(i) the emergency protective services ordered by the court have not been effective in attaining the objectives of the emergency protective order;
(ii) the physical or mental health of the endangered adult is no longer in danger and the termination of the emergency protective order will not be likely to place the endangered adult's physical or mental health in danger; or
(iii) the endangered adult has consented to receive the emergency protective services ordered by the court.
(e) The court may issue an order to:
(1) enjoin a person from interfering with the delivery of services ordered by an emergency protective order issued under this section; or
(2) direct a person to take actions to implement the delivery of services ordered by an emergency protective order issued under this section.
(f) An emergency protective order issued under this section may not remain in effect for longer than:
(1) ten (10) days; or
(2) thirty (30) days if the adult protective services unit shows the court that an extraordinary need exists that requires the order to remain in effect for not more than thirty (30) days.
(g) If at the expiration of an order the adult protective services unit determines that the endangered adult is in need of further protective services and that the endangered adult does not consent to the receipt of the services, a petition may be filed under section 21 of this chapter.
[Pre-1992 Revision Citation: 4-28-5-11.5.]
As added by P.L.2-1992, SEC.4. Amended by P.L.77-1992, SEC.3; P.L.110-1996, SEC.6; P.L.272-1999, SEC.29.

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