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Chapter 1. Administration of State Institutions
12-24-1-1. Repealed - [Pre-1992 Revision Citation: 4-28-2-8(a).] As added by P.L.2-1992, SEC.18. Amended...
12-24-1-2. Repealed - [Pre-1992 Revision Citation: 12-1-2.1-2(a) part.] As added by P.L.2-1992, SEC.18....
12-24-1-3. Administrative Control of State Institution Network; Contracting - Sec. 3. (a) The director of the division of mental...
12-24-1-4. Transfer of Patients Between State Institutions - Sec. 4. A director, or the directors of the affected...
12-24-1-5. Exercise of Power by Director and Superintendent Restricted - Sec. 5. (a) If this article grants a director a...
12-24-1-6. Construction of Terms - Sec. 6. For purposes of this article, the following apply:...
12-24-1-7. Repealed - As added by P.L.40-1994, SEC.47. Amended by P.L.253-1997(ss), SEC.11; P.L.215-2001,...
12-24-1-8. Notice Regarding Requests for Names of Nursing Personnel or Direct Care Staff - Sec. 8. (a) Each state institution shall post a notice...
12-24-1-9. Repealed - As added by P.L.108-2000, SEC.2. Amended by P.L.215-2001, SEC.67; P.L.141-2006,...
12-24-1-10. Repealed - As added by P.L.190-2002, SEC.2. Amended by P.L.224-2003, SEC.96; P.L.28-2004,...
Chapter 2. Superintendents of State Institutions
12-24-2-1. Administrative Control - Sec. 1. A state institution is under the administrative control...
12-24-2-2. Appointment of Superintendent of State Institution - Sec. 2. Subject to the approval of the governor, the...
12-24-2-3. Rules - Sec. 3. The secretary may adopt rules under IC 4-22-2...
12-24-2-4. Term - Sec. 4. A superintendent serves at the pleasure of the...
12-24-2-5. Administrative Responsibility - Sec. 5. The superintendent of a state institution is administratively...
12-24-2-6. Repealed - [Pre-1992 Revision Citations: 4-28-2-10; 12-1-2.1-4; 16-13-1-29 part.] As added by...
12-24-2-7. Powers - Sec. 7. A superintendent may do the following: (1) Administer...
12-24-2-8. Prescribing Tobacco Cessation Devices - Sec. 8. A physician licensed under IC 25-22.5 may prescribe...
12-24-2-9. Repealed - As added by P.L.192-2002(ss), SEC.155. Repealed by P.L.168-2018, SEC.32.
Chapter 3. Employees of State Institutions
12-24-3-1. Repealed - [Pre-1992 Revision Citations: 4-28-2-4; 4-28-2-9 part; 12-1-2.1-3 part; 16-13-1-25 part.]...
12-24-3-2. Persons Convicted of Certain Sex Offenses Disqualified - Sec. 2. To provide greater security for patients, visitors, and...
12-24-3-3. Bonds and Crime Policies - Sec. 3. (a) As used in this section, "employee" includes...
12-24-3-4. Repealed - [Pre-1992 Revision Citations: 4-28-2-8(c); 4-28-2-8(e); 12-1-2.1-2(c); 12-1-2.1-2(e); 16-13-1-9(c); 16-13-1-9(g).] As...
12-24-3-5. Repealed - As added by P.L.41-2009, SEC.2. Repealed by P.L.168-2018, SEC.33.
Chapter 4. Security at State Institutions
12-24-4-1. Appointment of Security Officers - Sec. 1. Subject to the approval of the director, a...
12-24-4-2. Duties of Director and Superintendent With Respect to Security Officers Appointed - Sec. 2. The director and the superintendent shall do the...
12-24-4-3. Repealed - [Pre-1992 Revision Citations: 4-28-2-13 part; 12-1-2.1-7 part; 16-13-1.5-2 part.] As...
12-24-4-4. Repealed - [Pre-1992 Revision Citations: 4-28-2-13 part; 12-1-2.1-7 part; 16-13-1.5-2 part.] As...
12-24-4-5. Repealed - [Pre-1992 Revision Citations: 4-28-9-13 part; 12-1-2.1-7 part; 16-13-1.5-2 part.] As...
12-24-4-6. Assistance of Law Enforcement Officers; Request; Powers - Sec. 6. (a) The director or a superintendent may authorize...
12-24-4-7. Traffic and Parking; Regulation; Rules; Violations; Penalties; Charges and Fees - Sec. 7. (a) This section does not limit or restrict...
Chapter 5. Admission to State Institutions
12-24-5-1. "Resident" Defined - Sec. 1. As used in this chapter, "resident" refers to...
12-24-5-2. Determination of Residence; Requirements - Sec. 2. For purposes of determining the residence of an...
12-24-5-3. Care and Maintenance; Residents - Sec. 3. A resident is entitled to care and maintenance...
12-24-5-4. Nonresidents; Factors - Sec. 4. The director may authorize the admission of an...
12-24-5-5. Deportation of Escapee From Institution of Another State - Sec. 5. The director may order the deportation of an...
12-24-5-6. Report of Nonresident Patient to Director; Investigation; Return to Place of Residence; Certification of Impracticability - Sec. 6. (a) The superintendent of a state institution shall...
12-24-5-7. Interstate Agreements Concerning Return of Individuals to State of Residence - Sec. 7. The director may enter into agreements with authorities...
12-24-5-8. Return of Resident; Consent - Sec. 8. The director may consent to the return to...
12-24-5-9. Designation of State Institution to Receive Returnees; Care - Sec. 9. The director shall designate a state institution to...
12-24-5-10. Deportation Expense; Payment - Sec. 10. The actual necessary expense incurred in deporting an...
Chapter 6. Provision of Clothing for Patients
12-24-6-1. "Fund" Defined - Sec. 1. As used in this chapter, "fund" refers to...
12-24-6-2. Requisition of Clothing Needs - Sec. 2. When the superintendent of a state institution accepts...
12-24-6-3. Financial Responsibility to Court - Sec. 3. The responsible parties are responsible to the court...
12-24-6-4. Duties of Circuit Court Clerk of Admitting County - Sec. 4. If clothing can be supplied by a responsible...
12-24-6-5. Compliance With Requisition - Sec. 5. Clothing furnished under section 4 of this chapter...
12-24-6-6. Charge of Admitting County; Limit - Sec. 6. (a) If clothing is not otherwise furnished at...
12-24-6-7. Responsibility to Supply Clothing After Admission - Sec. 7. After a patient has been admitted to a...
12-24-6-8. Furnishing of Clothing by Superintendent - Sec. 8. If a patient in a state institution is...
12-24-6-9. Charging of County for Clothing Superintendent Furnishes; Limit - Sec. 9. (a) If a superintendent furnishes clothing under section...
12-24-6-10. Charges Made Under This Chapter; Requisites - Sec. 10. All charges made under this chapter must be:...
12-24-6-11. Warrant; Payment of Charge - Sec. 11. (a) Upon receipt of a charge under section...
12-24-6-12. Monthly Transmittal of Collections to State Auditor - Sec. 12. The superintendent of a state institution shall transmit...
12-24-6-13. Institution Clothing Fund Established - Sec. 13. (a) The institution clothing fund is established. (b)...
12-24-6-14. Delinquent Charges; Certification to State Auditor; Payment - Sec. 14. (a) If a county does not pay a...
Chapter 7. Employment and Remuneration of Patients at State Institutions
12-24-7-1. "Patient" Defined - Sec. 1. As used in this chapter, "patient" means an...
12-24-7-2. "Treatment Team" Defined - Sec. 2. As used in this chapter, "treatment team" includes...
12-24-7-3. Determination of Treatment Team; Duties; Review - Sec. 3. (a) If the treatment team determines that a...
12-24-7-4. Election of Patient to Perform Work for Pay - Sec. 4. (a) A patient may elect to perform work...
12-24-7-5. Spending of Wages Earned for Work - Sec. 5. A patient may spend wages earned for work...
12-24-7-6. Restrictions on Division - Sec. 6. A division may not: (1) deduct any of...
12-24-7-7. Restrictions on Patient - Sec. 7. A patient who earns wages under this chapter...
12-24-7-8. Rules - Sec. 8. Each division shall adopt rules under IC 4-22-2...
Chapter 8. Apprehending and Returning Escaped Patients
12-24-8-1. Sheriff to Take Charge of and Return Escaped Individual - Sec. 1. If an individual escapes from the facility to...
12-24-8-2. Expense; Charge Against Committing County - Sec. 2. The expense of apprehending and returning the individual...
12-24-8-3. Receipt for Individual Delivered; Sheriff's Expense Account; Payment - Sec. 3. (a) The sheriff shall take a receipt from...
12-24-8-4. Transfer of Returned Individual - Sec. 4. The appropriate division shall arrange for the transfer...
Chapter 9. Funeral Expenses of Patients
12-24-9-1. Payment - Sec. 1. If a patient in a state institution dies,...
12-24-9-2. Charge of Admitting County - Sec. 2. The superintendent shall charge the county from which...
12-24-9-3. Requisites of Charge - Sec. 3. A charge made under section 2 of this...
12-24-9-4. Collection - Sec. 4. The treasurer of state shall collect the account...
Chapter 10. Guardian for Estate of Patient Committed to State Institution
12-24-10-1. Appointment; Representation by Attorney General - Sec. 1. If: (1) it becomes necessary to appoint a...
12-24-10-2. Petition; Appointment - Sec. 2. Upon presentation of a petition for the appointment...
12-24-10-3. Filing of Application for Appointment - Sec. 3. An application for the appointment of a guardian...
12-24-10-4. Fees or Costs Not to Be Charged - Sec. 4. Fees or costs may not be charged in...
Chapter 11. Release of Records Concerning Patients Discharged From State Institutions
12-24-11-1. Repealed - [Pre-1992 Revision Citation: 16-14-28-1(a).] As added by P.L.2-1992, SEC.18. Repealed...
12-24-11-2. Patient With Developmental Disability; Release to Local Agency Serving Such Needs in Residing Area; Authorization; Form; Requisites - Sec. 2. (a) This section applies to an individual who...
12-24-11-3. Contact of Patient, Parent, or Guardian; Explanation of Services Available - Sec. 3. Immediately upon receiving a patient's medical records or...
12-24-11-4. Compliance With Chapter; Exemption; Requirement - Sec. 4. (a) A person is exempt from complying with...
Chapter 12. Monitoring of Patients Discharged From State Institutions and the Use of Community Residential Programs
12-24-12-1. "Division" Defined - Sec. 1. As used in this chapter, "division" refers only...
12-24-12-2. Community Based Monitoring System - Sec. 2. The division shall contract with community mental health...
12-24-12-3. Plan of Discharge or Placement on Outpatient Status of Patient; Copies; Duties Regarding Treatment or Residence - Sec. 3. (a) Before an individual described in section 2...
12-24-12-4. Problems With Continuity of Care; Reporting - Sec. 4. (a) If a community mental health center is...
12-24-12-5. Repealed - [Pre-1992 Revision Citation: 16-14-30-2(e).] As added by P.L.2-1992, SEC.18. Repealed...
12-24-12-6. Application of Ic 12-24-12-3 and Ic 12-24-12-4 - Sec. 6. Sections 3 through 4 of this chapter do...
12-24-12-7. Repealed - [Pre-1992 Revision Citation: 16-14-30-3.] As added by P.L.2-1992, SEC.18. Amended...
12-24-12-8. Repealed - [Pre-1992 Revision Citation: 16-14-30-4.] As added by P.L.2-1992, SEC.18. Repealed...
12-24-12-9. Duties of Gatekeeper - Sec. 9. The gatekeeper for an individual who has been...
12-24-12-10. Gatekeeper for Individual in State Institution; Division as Gatekeeper - Sec. 10. (a) Upon admission to a state institution administered...
12-24-12-11. Assignment of Gatekeeper; Time; Duration; Transferability - Sec. 11. (a) A gatekeeper must be assigned to an...
Chapter 13. Liability for Cost of Treatment of Patients in State Institutions
12-24-13-1. Accounting and Bookkeeping System - Sec. 1. Each division shall develop and implement an accounting...
12-24-13-2. Limitation on Charges - Sec. 2. A patient, patient's parents, patient's legal guardians, or...
12-24-13-3. Repealed - [Pre-1992 Revision Citations: subsection (a) formerly 16-14-18.1-2(a); 16-14-18.1-3(c); subsection (b)...
12-24-13-4. Charge Structure for Institutional Services and Treatment; Liability for Payment - Sec. 4. (a) Each state institution shall establish a charge...
12-24-13-5. Placement of a Student With a Disability in a State Institution for the Provision of Special Education - Sec. 5. (a) Except as provided in section 6 of...
12-24-13-6. Children Under Custody or Supervision of Department or County Office - Sec. 6. The department of child services is responsible for...
12-24-13-7. Insurance Coverage; Assignment of Benefits - Sec. 7. If a patient in a state institution has...
12-24-13-8. Repealed - [Pre-1992 Revision Citation: 16-14-18.1-3(e).] As added by P.L.2-1992, SEC.18. Repealed...
12-24-13-9. Repealed - [Pre-1992 Revision Citation: 16-14-18.1-3(f).] As added by P.L.2-1992, SEC.18. Repealed...
12-24-13-10. Statements of Sums Due as Maintenance Charges; Issuance; Payment Period - Sec. 10. The appropriate division shall issue to any party...
12-24-13-11. Estate of Patient - Sec. 11. The estate of a patient who receives care,...
Chapter 14. Collection of Charges for Treatment and Maintenance of Patients
12-24-14-1. "Fund" Defined - Sec. 1. As used in this chapter, "fund" refers to...
12-24-14-2. Billing and Collection of Maintenance Charges - Sec. 2. The billing and collection of maintenance charges under...
12-24-14-3. Deposit of Money Collected - Sec. 3. Money collected shall be deposited each day by...
12-24-14-4. Deposit in State Mental Health Fund of Money Deposited Under Ic 12-24-14-3 - Sec. 4. On the first day of each month, or...
12-24-14-5. Powers of Division - Sec. 5. The division may do the following: (1) Investigate,...
12-24-14-6. Compromise Agreements; Conditions; Other Sources of Reimbursement - Sec. 6. (a) The division may, upon receipt of a...
12-24-14-7. Acceptance of More Money Than Owed - Sec. 7. The division may accept more money than is...
Chapter 15. Legal Process for Recovery of Treatment and Maintenance Charges
12-24-15-1. Lien Upon Real Property of Patient and Responsible Parties; Recording; Priority - Sec. 1. The liability created by this article for payment...
12-24-15-2. Delinquent Charges; Notice of Lien; Filing; Requisites - Sec. 2. (a) If charges for the cost of treatment...
12-24-15-3. Notice of Lien; Effect of Filing; Duration - Sec. 3. (a) From the date on which the notice...
12-24-15-4. Notice to Division Director of Opening of the Estate of the Patient or Responsible Party in the County; Enforcement Suit; Judgment Lien - Sec. 4. (a) The clerk of the circuit court for...
12-24-15-5. Suit to Enforce Payment of Maintenance Charges; Order; Attachment; Costs - Sec. 5. (a) The attorney general may bring suit against:...
12-24-15-6. Claim Against Estate of Patient or Responsible Party Under Conditions of Ic 12-24-13; Limitation of Actions - Sec. 6. (a) Except as provided in subsection (b), the...
12-24-15-7. Foreclosure of Lien; Proceedings - Sec. 7. The attorney general may bring proceedings in foreclosure...
12-24-15-8. Claim Against Estate of Patient or Responsible Party to Recover Unpaid Treatment and Maintenance Charges; Property Subject to Lien; Priority; Conditions - Sec. 8. (a) Upon the death of a patient or...
12-24-15-9. Claim Against Estate of Patient or Responsible Party to Recover Unpaid Treatment and Maintenance Charges; Priority - Sec. 9. (a) Upon the death of a patient or...
12-24-15-10. Compromise Agreements - Sec. 10. The governor may, with the approval of the...
12-24-15-11. Pending Litigation or Rights Accrued Before June 1, 1981, Unaffected; Limitation of Actions - Sec. 11. This article does not affect any pending litigation...
Chapter 16. Taxable Costs and Expenses
12-24-16-1. Applicable Statutes - Sec. 1. This chapter applies to taxable costs and expenses...
12-24-16-2. Costs and Expenses; Amounts - Sec. 2. The taxable costs and expenses to be paid...
12-24-16-3. Payment Out of County General Fund - Sec. 3. The costs specified in this chapter shall be...
Chapter 17. Offenses
12-24-17-1. "Administrator" Defined - Sec. 1. (a) As used in this chapter, "administrator" means...
12-24-17-2. "Patient" Defined - Sec. 2. As used in this chapter, "patient" means an...
12-24-17-3. Neglect, Abuse, or Maltreatment of a Patient in a State Institution; Penalty - Sec. 3. A person who: (1) neglects, when the person...
12-24-17-4. Knowledge of Alleged Violation of Ic 12-24-17-3; Failure to Make Written Report to Superintendent - Sec. 4. A person who: (1) knows of an alleged...
12-24-17-5. Receipt by Superintendent of Report of Alleged Violation; Investigation; Reporting Requirements - Sec. 5. (a) A superintendent who receives a written report...
12-24-17-6. Unauthorized Dealing or Contracting by State Institution Employee With or for a Patient Concerning Money or Property - Sec. 6. An employee of a state institution who does...
12-24-17-7. Enticing or Taking a Patient Away or Aiding a Patient to Escape From the Custody of an Administrator or a Superintendent - Sec. 7. A person who: (1) recklessly entices or takes...
12-24-17-8. Releasing Information Concerning a Patient's Medical Records or Treatment Without Written Consent of Patient, Parent, or Guardian - Sec. 8. A person who knowingly or intentionally releases information...
Chapter 18. Conveyance of Undeveloped Real Property of State Institutions in Certain Counties
12-24-18-1. Application of Chapter to Certain City - Sec. 1. This chapter applies to a city having a...
12-24-18-2. Applicability of Chapter; Conditions of Real Property - Sec. 2. This chapter applies only to real property that...
12-24-18-3. Conveyance or Lease of Property to City - Sec. 3. (a) Subject to this section, the state shall...
12-24-18-4. Lease Pending Conveyance of Real Property - Sec. 4. The state may lease any of the real...
12-24-18-5. Contracts Relating to Lease or Conveyance; Cash Rent of Farm Lands - Sec. 5. (a) The state may enter into appropriate contracts...
12-24-18-6. Laws Relating to State Contracts, Leases, and Conveyances; Applicability; Proceeds - Sec. 6. (a) Except as provided in this chapter, the...
Chapter 19. Community Care for Individuals With Mental Illness
12-24-19-1. Applicability of Chapter - Sec. 1. (a) This chapter applies only to a patient...
12-24-19-2. Repealed - As added by P.L.40-1994, SEC.54. Repealed by P.L.143-2011, SEC.31.
12-24-19-3. Discharge or Transfer From Institution to Least Restrictive Setting - Sec. 3. A patient shall be discharged or transferred from...
12-24-19-4. Continuum of Care - Sec. 4. Within the limits of appropriated funds, the division...
12-24-19-5. Maximization of Funding - Sec. 5. To the extent possible, the director shall maximize...
12-24-19-6. Community Services - Sec. 6. The director shall do the following to facilitate...
12-24-19-7. Transitional Care - Sec. 7. (a) As used in this section, "transitional care"...