Indiana 2025 Regular Session

Indiana Senate Bill SB0130 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 130
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 12-10-3.
7	7	Synopsis: Short term placement of endangered adults. Requires the
8	8	division of aging, in consultation with the prosecuting attorneys council
9	9	of Indiana, to: (1) establish an emergency short term placement option
10	10	for the emergency placement of endangered adults in need of protective
11	11	services; and (2) identify possible settings for the short term placement.
12	12	Effective: July 1, 2025.
13	13	Ford J.D.
14	14	January 8, 2025, read first time and referred to Committee on Family and Children
15	15	Services.
16	16	2025 IN 130—LS 6187/DI 147 Introduced
17	17	First Regular Session of the 124th General Assembly (2025)
18	18	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
19	19	Constitution) is being amended, the text of the existing provision will appear in this style type,
20	20	additions will appear in this style type, and deletions will appear in this style type.
21	21	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
22	22	provision adopted), the text of the new provision will appear in this style type. Also, the
23	23	word NEW will appear in that style type in the introductory clause of each SECTION that adds
24	24	a new provision to the Indiana Code or the Indiana Constitution.
25	25	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
26	26	between statutes enacted by the 2024 Regular Session of the General Assembly.
27	27	SENATE BILL No. 130
28	28	A BILL FOR AN ACT to amend the Indiana Code concerning
29	29	human services.
30	30	Be it enacted by the General Assembly of the State of Indiana:
31	31	1 SECTION 1. IC 12-10-3-12, AS AMENDED BY P.L.153-2011,
32	32	2 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33	33	3 JULY 1, 2025]: Sec. 12. (a) The division shall establish the following:
34	34	4 (1) A statewide toll free telephone line continuously open to
35	35	5 receive reports of suspected neglect, battery, or exploitation.
36	36	6 (2) Standards of practice established with the concurrence of the
37	37	7 prosecuting attorneys council of Indiana (IC 33-39-8-2) and
38	38	8 governing the services provided by the adult protective services
39	39	9 unit.
40	40	10 (b) The division shall, in consultation with the prosecuting
41	41	11 attorneys council of Indiana (IC 33-39-8-2), establish an emergency
42	42	12 short term placement option for an endangered adult who:
43	43	13 (1) is involved in a life threatening emergency and has been
44	44	14 determined to be in need of protective services; and
45	45	15 (2) would be at risk if returned to the endangered adult's
46	46	16 previous location or before an emergency long term
47	47	17 placement is able to be identified for the endangered adult.
48	48	2025 IN 130—LS 6187/DI 147 2
49	49	1 The division shall identify possible settings for short term
50	50	2 placement of an endangered adult.
51	51	3 SECTION 2. IC 12-10-3-28 IS AMENDED TO READ AS
52	52	4 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 28. (a) If:
53	53	5 (1) an alleged endangered adult does not or is unable to consent
54	54	6 to the receipt of protective services arranged by the division or the
55	55	7 adult protective services unit or withdraws consent previously
56	56	8 given; and
57	57	9 (2) the endangered adult is involved in a life threatening
58	58	10 emergency;
59	59	11 the adult protective services unit, either directly or through the
60	60	12 prosecuting attorney's office of the county in which the alleged
61	61	13 endangered adult resides, may petition the superior or circuit court in
62	62	14 the county where the alleged endangered adult resides for an
63	63	15 emergency protective order.
64	64	16 (b) A petition for an emergency protective order must be under oath
65	65	17 or affirmation and must include the following:
66	66	18 (1) The name, age, and residence of the endangered adult who is
67	67	19 to receive emergency protective services.
68	68	20 (2) The nature of the problem and an allegation that a life
69	69	21 threatening emergency exists.
70	70	22 (3) Evidence that immediate and irreparable injury will result if
71	71	23 there is a delay in the provision of services.
72	72	24 (4) The name and address of the petitioner who is filing the
73	73	25 petition and the name and address of the person or organization
74	74	26 that may be required to complete the court ordered emergency
75	75	27 protective services.
76	76	28 (5) Certification that:
77	77	29 (A) notice has been given to the alleged endangered adult, the
78	78	30 alleged endangered adult's attorney, if any, or the alleged
79	79	31 endangered adult's next of kin, if any; and
80	80	32 (B) section 21.5 of this chapter regarding notice to the alleged
81	81	33 endangered adult's next of kin has been complied with.
82	82	34 If notice has not been given, a description of the attempts to give
83	83	35 notice shall be given.
84	84	36 (6) A description of the emergency protective services to be
85	85	37 provided.
86	86	38 (c) If, after the hearing of the petition, the court determines that the
87	87	39 endangered adult should be required to receive emergency protective
88	88	40 services, the court shall issue an emergency protective order if the court
89	89	41 finds the following:
90	90	42 (1) The individual is an endangered adult.
91	91	2025 IN 130—LS 6187/DI 147 3
92	92	1 (2) A life threatening emergency exists.
93	93	2 (3) The endangered adult is in need of the proposed emergency
94	94	3 protective services, including emergency short term placement
95	95	4 as established by the division under section 12(b) of this
96	96	5 chapter.
97	97	6 The court may issue the order ex parte.
98	98	7 (d) An emergency protective order must stipulate the following:
99	99	8 (1) The objectives of the emergency protective order.
100	100	9 (2) The least restrictive emergency protective services necessary
101	101	10 to attain the objectives of the emergency protective order that the
102	102	11 endangered adult must receive.
103	103	12 (3) The duration during which the endangered adult must receive
104	104	13 the emergency protective services.
105	105	14 (4) That the emergency protective services unit or other person
106	106	15 designated by the court shall do the following:
107	107	16 (A) Provide or arrange for the provision of the emergency
108	108	17 protective services ordered by the court.
109	109	18 (B) Petition the court to modify or terminate the emergency
110	110	19 protective order if:
111	111	20 (i) the emergency protective services ordered by the court
112	112	21 have not been effective in attaining the objectives of the
113	113	22 emergency protective order;
114	114	23 (ii) the physical or mental health of the endangered adult is
115	115	24 no longer in danger and the termination of the emergency
116	116	25 protective order will not be likely to place the endangered
117	117	26 adult's physical or mental health in danger; or
118	118	27 (iii) the endangered adult has consented to receive the
119	119	28 emergency protective services ordered by the court.
120	120	29 (e) The court may issue an order to:
121	121	30 (1) enjoin a person from interfering with the delivery of services
122	122	31 ordered by an emergency protective order issued under this
123	123	32 section; or
124	124	33 (2) direct a person to take actions to implement the delivery of
125	125	34 services ordered by an emergency protective order issued under
126	126	35 this section.
127	127	36 (f) An emergency protective order issued under this section may not
128	128	37 remain in effect for longer than:
129	129	38 (1) ten (10) days; or
130	130	39 (2) thirty (30) days if the adult protective services unit shows the
131	131	40 court that an extraordinary need exists that requires the order to
132	132	41 remain in effect for not more than thirty (30) days.
133	133	42 (g) If at the expiration of an order the adult protective services unit
134	134	2025 IN 130—LS 6187/DI 147 4
135	135	1 determines that the endangered adult is in need of further protective
136	136	2 services and that the endangered adult does not consent to the receipt
137	137	3 of the services, a petition may be filed under section 21 of this chapter.
138	138	2025 IN 130—LS 6187/DI 147