Regulation detail

IC 12-10-3

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Adult Protective Services

Jurisdiction: IN Agency: Indiana General Assembly
Plain-English summary

This Indiana statute establishes the Adult Protective Services (APS) system for investigating and responding to reports of neglect, battery, or exploitation of 'endangered adults'—individuals 18 or older who are incapacitated due to mental illness, intellectual disability, dementia, or other conditions. It sets out duties for APS units to investigate complaints, coordinate protective services, and petition courts for voluntary or involuntary protective orders. The chapter does not license or set operating standards for any specific behavioral health, IDD, or residential facility type; it governs the APS investigative and service-coordination process itself.

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Regulation text
Chapter 3. Adult Protective Services

12-10-3-0.5
Applicability
 
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Repealed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
 
IC 12-10-3-0.5
Applicability
 
Sec. 0.5. This chapter applies to a report that is
received by a call to a statewide toll free telephone number or through
online reporting.
As added by P.L.47-2025, SEC.1.
 
IC 12-10-3-1
"Adult protective services unit"
 
Sec. 1. As used in this chapter, "adult protective
services unit" refers to the person or 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; P.L.47-2025, SEC.2.
 
IC 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, 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; P.L.47-2025, SEC.3.
 
IC 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.
 
IC 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.
 
IC 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.
 
IC 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.
 
IC 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 person qualified to provide the services required; or
(3) a prosecuting attorney to perform part of the services and a
person described in subdivision (2) or a governmental entity
qualified to perform the remainder of 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 subsections (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; P.L.16-2024,
SEC.1.
 
IC 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 and make a determination
as to whether the individual is an endangered adult or if the report
is to be referred to a law enforcement or other agency for
investigation.
(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; P.L.47-2025, SEC.4.
 
IC 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.
 
IC 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.
 
IC 12-10-3-10
Reports; communication; contents
 
Sec. 10. (a) 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.
 
(b) 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; P.L.47-2025, SEC.5.
 
IC 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.
 
IC 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 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; P.L.47-2025, SEC.6.
 
IC 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) Records of intake reports and cases received, for at least five
(5) years.
The information maintained under this section 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. Amended by P.L.47-2025,
SEC.7; P.L.23-2026, SEC.74.
 
IC 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.
 
IC 12-10-3-15
Confidentiality of reports; exceptions
 
Sec. 15. (a) Reports made under this chapter and any
other information obtained concerning the reports are confidential and
may be made available only as determined necessary by the division:
(1) for purposes of providing services under this chapter;
(2) with the consent of any alleged victim named in the report; or
(3) upon the issuance of a court order releasing the information.
 
(b) The adult protective services unit shall share appropriate
information to the extent that information concerning a report is needed
to coordinate or implement services.
[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; P.L.47-2025, SEC.8.
 
IC 12-10-3-16
Repealed
[Pre-1992 Revision Citation: 4-28-5-9(e).]
As added by P.L.2-1992, SEC.4. Repealed by P.L.153-2011,
SEC.20.
 
IC 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.
 
IC 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.
 
IC 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.
 
IC 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.
 
IC 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.
 
IC 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.
 
IC 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.
 
IC 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.
 
IC 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.
 
IC 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.
 
IC 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.
 
IC 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.
 
IC 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.
 
IC 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.
 
IC 12-10-3-29.5
Appointment as representative of endangered adult
 
Sec. 29.5. 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.
As added by P.L.141-2006, SEC.40. Amended by P.L.109-2015,
SEC.31; P.L.148-2024, SEC.9; P.L.47-2025, SEC.9.
 
IC 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.
 
IC 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.
 
IC 12-10-4