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

Terms Used In Indiana Code 12-10-3-28

  • adult protective services unit: refers to the entity with whom the division contracts to carry out the duties listed in section 8 of this chapter. See Indiana Code 12-10-3-1
  • Allegation: something that someone says happened.
  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • endangered adult: means an individual who is:

    Indiana Code 12-10-3-2

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • life threatening emergency: means a situation in which:

    Indiana Code 12-10-3-4

  • protective services: refers to available medical, psychiatric, residential, and social services that are necessary to protect the health or safety of an endangered adult. See Indiana Code 12-10-3-5
(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.

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