Introduced Version
SENATE BILL No. 130
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 12-10-3.
Synopsis: Short term placement of endangered adults. Requires the
division of aging, in consultation with the prosecuting attorneys council
of Indiana, to: (1) establish an emergency short term placement option
for the emergency placement of endangered adults in need of protective
services; and (2) identify possible settings for the short term placement.
Effective: July 1, 2025.
Ford J.D.
January 8, 2025, read first time and referred to Committee on Family and Children
Services.
2025 IN 130—LS 6187/DI 147 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE BILL No. 130
A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 12-10-3-12, AS AMENDED BY P.L.153-2011,
2 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 12. (a) The division shall establish the following:
4 (1) A statewide toll free telephone line continuously open to
5 receive reports of suspected neglect, battery, or exploitation.
6 (2) Standards of practice established with the concurrence of the
7 prosecuting attorneys council of Indiana (IC 33-39-8-2) and
8 governing the services provided by the adult protective services
9 unit.
10 (b) The division shall, in consultation with the prosecuting
11 attorneys council of Indiana (IC 33-39-8-2), establish an emergency
12 short term placement option for an endangered adult who:
13 (1) is involved in a life threatening emergency and has been
14 determined to be in need of protective services; and
15 (2) would be at risk if returned to the endangered adult's
16 previous location or before an emergency long term
17 placement is able to be identified for the endangered adult.
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1 The division shall identify possible settings for short term
2 placement of an endangered adult.
3 SECTION 2. IC 12-10-3-28 IS AMENDED TO READ AS
4 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 28. (a) If:
5 (1) an alleged endangered adult does not or is unable to consent
6 to the receipt of protective services arranged by the division or the
7 adult protective services unit or withdraws consent previously
8 given; and
9 (2) the endangered adult is involved in a life threatening
10 emergency;
11 the adult protective services unit, either directly or through the
12 prosecuting attorney's office of the county in which the alleged
13 endangered adult resides, may petition the superior or circuit court in
14 the county where the alleged endangered adult resides for an
15 emergency protective order.
16 (b) A petition for an emergency protective order must be under oath
17 or affirmation and must include the following:
18 (1) The name, age, and residence of the endangered adult who is
19 to receive emergency protective services.
20 (2) The nature of the problem and an allegation that a life
21 threatening emergency exists.
22 (3) Evidence that immediate and irreparable injury will result if
23 there is a delay in the provision of services.
24 (4) The name and address of the petitioner who is filing the
25 petition and the name and address of the person or organization
26 that may be required to complete the court ordered emergency
27 protective services.
28 (5) Certification that:
29 (A) notice has been given to the alleged endangered adult, the
30 alleged endangered adult's attorney, if any, or the alleged
31 endangered adult's next of kin, if any; and
32 (B) section 21.5 of this chapter regarding notice to the alleged
33 endangered adult's next of kin has been complied with.
34 If notice has not been given, a description of the attempts to give
35 notice shall be given.
36 (6) A description of the emergency protective services to be
37 provided.
38 (c) If, after the hearing of the petition, the court determines that the
39 endangered adult should be required to receive emergency protective
40 services, the court shall issue an emergency protective order if the court
41 finds the following:
42 (1) The individual is an endangered adult.
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1 (2) A life threatening emergency exists.
2 (3) The endangered adult is in need of the proposed emergency
3 protective services, including emergency short term placement
4 as established by the division under section 12(b) of this
5 chapter.
6 The court may issue the order ex parte.
7 (d) An emergency protective order must stipulate the following:
8 (1) The objectives of the emergency protective order.
9 (2) The least restrictive emergency protective services necessary
10 to attain the objectives of the emergency protective order that the
11 endangered adult must receive.
12 (3) The duration during which the endangered adult must receive
13 the emergency protective services.
14 (4) That the emergency protective services unit or other person
15 designated by the court shall do the following:
16 (A) Provide or arrange for the provision of the emergency
17 protective services ordered by the court.
18 (B) Petition the court to modify or terminate the emergency
19 protective order if:
20 (i) the emergency protective services ordered by the court
21 have not been effective in attaining the objectives of the
22 emergency protective order;
23 (ii) the physical or mental health of the endangered adult is
24 no longer in danger and the termination of the emergency
25 protective order will not be likely to place the endangered
26 adult's physical or mental health in danger; or
27 (iii) the endangered adult has consented to receive the
28 emergency protective services ordered by the court.
29 (e) The court may issue an order to:
30 (1) enjoin a person from interfering with the delivery of services
31 ordered by an emergency protective order issued under this
32 section; or
33 (2) direct a person to take actions to implement the delivery of
34 services ordered by an emergency protective order issued under
35 this section.
36 (f) An emergency protective order issued under this section may not
37 remain in effect for longer than:
38 (1) ten (10) days; or
39 (2) thirty (30) days if the adult protective services unit shows the
40 court that an extraordinary need exists that requires the order to
41 remain in effect for not more than thirty (30) days.
42 (g) If at the expiration of an order the adult protective services unit
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1 determines that the endangered adult is in need of further protective
2 services and that the endangered adult does not consent to the receipt
3 of the services, a petition may be filed under section 21 of this chapter.
2025 IN 130—LS 6187/DI 147