*SB0182.1*
January 28, 2025
SENATE BILL No. 182
_____
DIGEST OF SB 182 (Updated January 27, 2025 9:54 am - DI 140)
Citations Affected: IC 12-10; IC 23-19.
Synopsis: Adult protective services. Specifies that the adult protective
services reporting applies to reports received through a statewide toll
free telephone call or through online reporting. Requires an adult
protective services unit (unit) to investigate and determine whether a
report is to be referred to law enforcement or another agency for
investigation. Removes language specifying entities to be informed of
an endangered adult report. Removes language requiring the
prosecuting attorneys council of Indiana to concur on standards of
practice concerning services provided by the unit. Removes language
that required the division of aging to maintain nonidentifying statistical
records concerning unsubstantiated reports about endangered adults.
Authorizes the division to determine when endangered adult reports
may be made available and only requires the alleged victim to give
consent of the release. (Current law requires all parties to give
consent.) Requires the unit to share appropriate information to
coordinate and implement services. Removes language that allowed a
prosecuting attorney or head of a governmental entity to give written
permission for a unit or staff member to be designated as a
representative.
Effective: July 1, 2025.
Crider, Johnson T
January 8, 2025, read first time and referred to Committee on Family and Children
Services.
January 27, 2025, reported favorably — Do Pass.
SB 182—LS 6595/DI 104 January 28, 2025
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
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. 182
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 12-10-3-0.5 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]: Sec. 0.5. This chapter applies to a report that is received
4 by a call to a statewide toll free telephone number or through
5 online reporting.
6 SECTION 2. IC 12-10-3-1 IS AMENDED TO READ AS
7 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. As used in this
8 chapter, "adult protective services unit" refers to the person or entity
9 with whom the division contracts to carry out the duties listed in
10 section 8 of this chapter.
11 SECTION 3. IC 12-10-3-2, AS AMENDED BY P.L.65-2016,
12 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2025]: Sec. 2. (a) Except as provided in subsection (b), as
14 used in this chapter, "endangered adult" means an individual who is:
15 (1) at least eighteen (18) years of age;
16 (2) incapable by reason of mental illness, intellectual disability,
17 dementia, habitual drunkenness, excessive use of drugs, or other
SB 182—LS 6595/DI 104 2
1 physical or mental incapacity of managing or directing the
2 management of the individual's property or providing or directing
3 the provision of self-care; and
4 (3) harmed or threatened with harm as a result of:
5 (A) neglect;
6 (B) a battery offense included in IC 35-42-2; or
7 (C) exploitation of the individual's personal services or
8 property.
9 (b) For purposes of IC 12-10-3-17, IC 35-42-2-1, IC 35-42-2-1.3,
10 and IC 35-46-1-13, "endangered adult" means an individual who is:
11 (1) at least eighteen (18) years of age;
12 (2) incapable by reason of mental illness, intellectual disability,
13 dementia, or other physical or mental incapacity of managing or
14 directing the management of the individual's property or
15 providing or directing the provision of self-care; and
16 (3) harmed or threatened with harm as a result of:
17 (A) neglect; or
18 (B) battery.
19 (c) An individual is not an endangered adult solely:
20 (1) for the reason that the individual is being provided spiritual
21 treatment in accordance with a recognized religious method of
22 healing instead of specified medical treatment if the individual
23 would not be considered to be an endangered adult if the
24 individual were receiving the medical treatment; or
25 (2) on the basis of being physically unable to provide self care
26 when appropriate care is being provided.
27 SECTION 4. IC 12-10-3-8 IS AMENDED TO READ AS
28 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 8. If the adult
29 protective services unit has reason to believe that an individual is an
30 endangered adult, the adult protective services unit shall do the
31 following:
32 (1) Investigate the complaint or cause and make a determination
33 as to whether the individual is an endangered adult or if the
34 complaint report is to be referred to investigated by a law
35 enforcement or other agency for investigation. and make a
36 determination as to whether the individual reported is an
37 endangered adult.
38 (2) Upon a determination that an individual is an endangered
39 adult under this chapter, do the following:
40 (A) Initiate procedures that the adult protective services unit
41 determines are necessary, based on an evaluation of the needs
42 of the endangered adult, to protect the endangered adult.
SB 182—LS 6595/DI 104 3
1 (B) Coordinate and cooperate with the division or other
2 appropriate person to obtain protective services for the
3 endangered adult, including the development of a plan in
4 cooperation with the endangered adult, whereby the least
5 restrictive protective services necessary to protect the
6 endangered adult will be made available to the endangered
7 adult.
8 (C) Monitor the protective services provided the endangered
9 adult to determine the effectiveness of the services.
10 (D) Comply with the notification requirements described in
11 sections 21(4) and 28(b)(5) of this chapter.
12 SECTION 5. IC 12-10-3-10 IS AMENDED TO READ AS
13 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 10. (a) Each
14 endangered adult report made under this chapter shall be
15 communicated immediately to at least one (1) of the following:
16 (1) The adult protective services unit.
17 (2) A law enforcement agency.
18 (3) The division by telephone on the statewide toll free telephone
19 number established under section 12 of this chapter.
20 (b) (a) A law enforcement agency that receives an endangered adult
21 report shall immediately communicate the report to the adult protective
22 services unit and the unit shall notify the division of the report.
23 (c) (b) Reports must include as much of the following information
24 as is known:
25 (1) The name, age, and address of the endangered adult.
26 (2) The names and addresses of family members or other persons
27 financially responsible for the endangered adult's care or other
28 individuals who may be able to provide relevant information.
29 (3) The apparent nature and extent of the alleged neglect, battery,
30 or exploitation and the endangered adult's physical and mental
31 condition.
32 (4) The name, address, and telephone number of the reporter and
33 the basis of the reporter's knowledge.
34 (5) The name and address of the alleged offender.
35 (6) Any other relevant information regarding the circumstances
36 of the endangered adult.
37 SECTION 6. IC 12-10-3-12, AS AMENDED BY P.L.153-2011,
38 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2025]: Sec. 12. The division shall establish the following:
40 (1) A statewide toll free telephone line continuously open to
41 receive reports of suspected neglect, battery, or exploitation.
42 (2) Standards of practice established with the concurrence of the
SB 182—LS 6595/DI 104 4
1 prosecuting attorneys council of Indiana (IC 33-39-8-2) and
2 governing the services provided by the adult protective services
3 unit.
4 SECTION 7. IC 12-10-3-13 IS AMENDED TO READ AS
5 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 13. (a) The division
6 shall maintain the following:
7 (1) Records on individuals that the division and adult protective
8 services units have determined to be endangered adults and the
9 protective services needed.
10 (2) Records of agencies, persons, or institutions who are
11 determined to have permitted neglect, battery, or exploitation of
12 endangered adults.
13 (3) Nonidentifying statistical records concerning unsubstantiated
14 reports about endangered adults. Records of intake reports and
15 cases received, for at least five (5) years.
16 The information maintained under this section shall be used solely for
17 statistical purposes and must be available to law enforcement officials,
18 state licensing agencies, and other officials and employees of
19 municipal, county, and state government having a legitimate interest in
20 the welfare of individuals who may be endangered adults or who have
21 a legitimate interest in the operation of agencies or institutions
22 providing care to individuals served under this chapter.
23 SECTION 8. IC 12-10-3-15 IS AMENDED TO READ AS
24 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 15. (a) Reports made
25 under this chapter and any other information obtained concerning the
26 reports written, or photographs taken concerning the reports are
27 confidential and may be made available only to the individuals
28 authorized in section 13 of this chapter as determined necessary by the
29 division:
30 (1) for purposes of providing or monitoring protective services
31 under this chapter;
32 (2) with the consent of all parties any alleged victim named in
33 the report; or
34 (3) upon the issuance of a court order releasing the information.
35 (b) The adult protective services unit shall share appropriate
36 information to the extent that information concerning a report is
37 needed to coordinate or implement services.
38 SECTION 9. IC 12-10-3-29.5, AS AMENDED BY P.L.148-2024,
39 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2025]: Sec. 29.5. (a) Except as provided in subsection (b), An
41 adult protective services unit or a staff member of the adult protective
42 services unit may not be designated as:
SB 182—LS 6595/DI 104 5
1 (1) a personal representative;
2 (2) a health care representative;
3 (3) a guardian;
4 (4) a guardian ad litem; or
5 (5) any other type of representative;
6 for an endangered adult.
7 (b) The:
8 (1) prosecuting attorney in the county in which the adult
9 protective services unit is located; or
10 (2) head of the governmental entity if the adult protective services
11 unit is operated by a governmental entity;
12 may give written permission for an adult protective services unit or a
13 staff member of the adult protective services unit to be designated as
14 a representative described in subsection (a)(1) through (a)(5).
15 SECTION 10. IC 23-19-4.1-6, AS AMENDED BY P.L.158-2017,
16 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2025]: Sec. 6. (a) If a qualified individual has reason to
18 believe that financial exploitation of a financially vulnerable adult has
19 occurred, has been attempted, or is being attempted, the qualified
20 individual shall, as required by IC 12-10-3-9(a):
21 (1) make a report to an entity listed in IC 12-10-3-10(a); the adult
22 protective services unit (as defined in IC 12-10-3-1); and
23 (2) notify the commissioner.
24 (b) After a qualified individual makes a report and provides
25 notification under subsection (a), the qualified individual may, to the
26 extent permitted under federal law, notify any of the following
27 concerning the qualified individual's belief:
28 (1) An immediate family member of the financially vulnerable
29 adult.
30 (2) A legal guardian of the financially vulnerable adult.
31 (3) A conservator of the financially vulnerable adult.
32 (4) A trustee, cotrustee, or successor trustee of the account of the
33 financially vulnerable adult.
34 (5) An agent under a power of attorney of the financially
35 vulnerable adult.
36 (6) Any other person permitted under existing laws, rules,
37 regulations, or customer agreement.
SB 182—LS 6595/DI 104 6
COMMITTEE REPORT
Mr. President: The Senate Committee on Family and Children
Services, to which was referred Senate Bill No. 182, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill DO PASS.
(Reference is to SB 182 as introduced.)
WALKER G, Chairperson
Committee Vote: Yeas 9, Nays 0
SB 182—LS 6595/DI 104