IN
Indiana Senate Bill SB0182

Indiana 2025 Regular Session

Indiana Senate Bill SB0182 Compare Versions

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1+*ES0182.1*
2+March 17, 2025
3+ENGROSSED
4+SENATE BILL No. 182
5+_____
6+DIGEST OF SB 182 (Updated March 17, 2025 10:40 am - DI 140)
7+Citations Affected: IC 12-10; IC 23-19.
8+Synopsis: Adult protective services. Specifies that the adult protective
9+services reporting applies to reports received through a statewide toll
10+free telephone call or through online reporting. Requires an adult
11+protective services unit (unit) to investigate and determine whether a
12+report is to be referred to law enforcement or another agency for
13+investigation. Removes language specifying entities to be informed of
14+an endangered adult report. Removes language requiring the
15+prosecuting attorneys council of Indiana to concur on standards of
16+practice concerning services provided by the unit. Removes language
17+that required the division of aging to maintain nonidentifying statistical
18+records concerning unsubstantiated reports about endangered adults.
19+Authorizes the division to determine when endangered adult reports
20+may be made available and only requires the alleged victim to give
21+consent of the release. (Current law requires all parties to give
22+consent.) Requires the unit to share appropriate information to
23+coordinate and implement services. Removes language that allowed a
24+prosecuting attorney or head of a governmental entity to give written
25+permission for a unit or staff member to be designated as a
26+representative.
27+Effective: July 1, 2025.
28+Crider, Johnson T,
29+Randolph Lonnie M
30+(HOUSE SPONSOR — DEVON)
31+January 8, 2025, read first time and referred to Committee on Family and Children
32+Services.
33+January 27, 2025, reported favorably — Do Pass.
34+January 30, 2025, read second time, ordered engrossed. Engrossed.
35+February 3, 2025, read third time, passed. Yeas 49, nays 0.
36+HOUSE ACTION
37+March 3, 2025, read first time and referred to Committee on Judiciary.
38+March 17, 2025, reported — Do Pass.
39+ES 182—LS 6595/DI 104 March 17, 2025
140 First Regular Session of the 124th General Assembly (2025)
241 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
342 Constitution) is being amended, the text of the existing provision will appear in this style type,
443 additions will appear in this style type, and deletions will appear in this style type.
544 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
645 provision adopted), the text of the new provision will appear in this style type. Also, the
746 word NEW will appear in that style type in the introductory clause of each SECTION that adds
847 a new provision to the Indiana Code or the Indiana Constitution.
948 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1049 between statutes enacted by the 2024 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 182
12-AN ACT to amend the Indiana Code concerning human services.
50+ENGROSSED
51+SENATE BILL No. 182
52+A BILL FOR AN ACT to amend the Indiana Code concerning
53+human services.
1354 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 12-10-3-0.5 IS ADDED TO THE INDIANA CODE
15-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
16-1, 2025]: Sec. 0.5. This chapter applies to a report that is received
17-by a call to a statewide toll free telephone number or through
18-online reporting.
19-SECTION 2. IC 12-10-3-1 IS AMENDED TO READ AS
20-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. As used in this
21-chapter, "adult protective services unit" refers to the person or entity
22-with whom the division contracts to carry out the duties listed in
23-section 8 of this chapter.
24-SECTION 3. IC 12-10-3-2, AS AMENDED BY P.L.65-2016,
25-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26-JULY 1, 2025]: Sec. 2. (a) Except as provided in subsection (b), as
27-used in this chapter, "endangered adult" means an individual who is:
28-(1) at least eighteen (18) years of age;
29-(2) incapable by reason of mental illness, intellectual disability,
30-dementia, habitual drunkenness, excessive use of drugs, or other
31-physical or mental incapacity of managing or directing the
32-management of the individual's property or providing or directing
33-the provision of self-care; and
34-(3) harmed or threatened with harm as a result of:
35-(A) neglect;
36-SEA 182 2
37-(B) a battery offense included in IC 35-42-2; or
38-(C) exploitation of the individual's personal services or
39-property.
40-(b) For purposes of IC 12-10-3-17, IC 35-42-2-1, IC 35-42-2-1.3,
41-and IC 35-46-1-13, "endangered adult" means an individual who is:
42-(1) at least eighteen (18) years of age;
43-(2) incapable by reason of mental illness, intellectual disability,
44-dementia, or other physical or mental incapacity of managing or
45-directing the management of the individual's property or
46-providing or directing the provision of self-care; and
47-(3) harmed or threatened with harm as a result of:
48-(A) neglect; or
49-(B) battery.
50-(c) An individual is not an endangered adult solely:
51-(1) for the reason that the individual is being provided spiritual
52-treatment in accordance with a recognized religious method of
53-healing instead of specified medical treatment if the individual
54-would not be considered to be an endangered adult if the
55-individual were receiving the medical treatment; or
56-(2) on the basis of being physically unable to provide self care
57-when appropriate care is being provided.
58-SECTION 4. IC 12-10-3-8 IS AMENDED TO READ AS
59-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 8. If the adult
60-protective services unit has reason to believe that an individual is an
61-endangered adult, the adult protective services unit shall do the
62-following:
63-(1) Investigate the complaint or cause and make a determination
64-as to whether the individual is an endangered adult or if the
65-complaint report is to be referred to investigated by a law
66-enforcement or other agency for investigation. and make a
67-determination as to whether the individual reported is an
68-endangered adult.
69-(2) Upon a determination that an individual is an endangered
70-adult under this chapter, do the following:
71-(A) Initiate procedures that the adult protective services unit
72-determines are necessary, based on an evaluation of the needs
73-of the endangered adult, to protect the endangered adult.
74-(B) Coordinate and cooperate with the division or other
75-appropriate person to obtain protective services for the
76-endangered adult, including the development of a plan in
77-cooperation with the endangered adult, whereby the least
78-restrictive protective services necessary to protect the
79-SEA 182 3
80-endangered adult will be made available to the endangered
81-adult.
82-(C) Monitor the protective services provided the endangered
83-adult to determine the effectiveness of the services.
84-(D) Comply with the notification requirements described in
85-sections 21(4) and 28(b)(5) of this chapter.
86-SECTION 5. IC 12-10-3-10 IS AMENDED TO READ AS
87-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 10. (a) Each
88-endangered adult report made under this chapter shall be
89-communicated immediately to at least one (1) of the following:
90-(1) The adult protective services unit.
91-(2) A law enforcement agency.
92-(3) The division by telephone on the statewide toll free telephone
93-number established under section 12 of this chapter.
94-(b) (a) A law enforcement agency that receives an endangered adult
95-report shall immediately communicate the report to the adult protective
96-services unit and the unit shall notify the division of the report.
97-(c) (b) Reports must include as much of the following information
98-as is known:
99-(1) The name, age, and address of the endangered adult.
100-(2) The names and addresses of family members or other persons
101-financially responsible for the endangered adult's care or other
102-individuals who may be able to provide relevant information.
103-(3) The apparent nature and extent of the alleged neglect, battery,
104-or exploitation and the endangered adult's physical and mental
105-condition.
106-(4) The name, address, and telephone number of the reporter and
107-the basis of the reporter's knowledge.
108-(5) The name and address of the alleged offender.
109-(6) Any other relevant information regarding the circumstances
110-of the endangered adult.
111-SECTION 6. IC 12-10-3-12, AS AMENDED BY P.L.153-2011,
112-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
113-JULY 1, 2025]: Sec. 12. The division shall establish the following:
114-(1) A statewide toll free telephone line continuously open to
115-receive reports of suspected neglect, battery, or exploitation.
116-(2) Standards of practice established with the concurrence of the
117-prosecuting attorneys council of Indiana (IC 33-39-8-2) and
118-governing the services provided by the adult protective services
119-unit.
120-SECTION 7. IC 12-10-3-13 IS AMENDED TO READ AS
121-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 13. (a) The division
122-SEA 182 4
123-shall maintain the following:
124-(1) Records on individuals that the division and adult protective
125-services units have determined to be endangered adults and the
126-protective services needed.
127-(2) Records of agencies, persons, or institutions who are
128-determined to have permitted neglect, battery, or exploitation of
129-endangered adults.
130-(3) Nonidentifying statistical records concerning unsubstantiated
131-reports about endangered adults. Records of intake reports and
132-cases received, for at least five (5) years.
133-The information maintained under this section shall be used solely for
134-statistical purposes and must be available to law enforcement officials,
135-state licensing agencies, and other officials and employees of
136-municipal, county, and state government having a legitimate interest in
137-the welfare of individuals who may be endangered adults or who have
138-a legitimate interest in the operation of agencies or institutions
139-providing care to individuals served under this chapter.
140-SECTION 8. IC 12-10-3-15 IS AMENDED TO READ AS
141-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 15. (a) Reports made
142-under this chapter and any other information obtained concerning the
143-reports written, or photographs taken concerning the reports are
144-confidential and may be made available only to the individuals
145-authorized in section 13 of this chapter as determined necessary by the
146-division:
147-(1) for purposes of providing or monitoring protective services
148-under this chapter;
149-(2) with the consent of all parties any alleged victim named in
150-the report; or
151-(3) upon the issuance of a court order releasing the information.
152-(b) The adult protective services unit shall share appropriate
153-information to the extent that information concerning a report is
154-needed to coordinate or implement services.
155-SECTION 9. IC 12-10-3-29.5, AS AMENDED BY P.L.148-2024,
156-SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
157-JULY 1, 2025]: Sec. 29.5. (a) Except as provided in subsection (b), An
158-adult protective services unit or a staff member of the adult protective
159-services unit may not be designated as:
160-(1) a personal representative;
161-(2) a health care representative;
162-(3) a guardian;
163-(4) a guardian ad litem; or
164-(5) any other type of representative;
165-SEA 182 5
166-for an endangered adult.
167-(b) The:
168-(1) prosecuting attorney in the county in which the adult
169-protective services unit is located; or
170-(2) head of the governmental entity if the adult protective services
171-unit is operated by a governmental entity;
172-may give written permission for an adult protective services unit or a
173-staff member of the adult protective services unit to be designated as
174-a representative described in subsection (a)(1) through (a)(5).
175-SECTION 10. IC 23-19-4.1-6, AS AMENDED BY P.L.158-2017,
176-SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
177-JULY 1, 2025]: Sec. 6. (a) If a qualified individual has reason to
178-believe that financial exploitation of a financially vulnerable adult has
179-occurred, has been attempted, or is being attempted, the qualified
180-individual shall, as required by IC 12-10-3-9(a):
181-(1) make a report to an entity listed in IC 12-10-3-10(a); the adult
182-protective services unit (as defined in IC 12-10-3-1); and
183-(2) notify the commissioner.
184-(b) After a qualified individual makes a report and provides
185-notification under subsection (a), the qualified individual may, to the
186-extent permitted under federal law, notify any of the following
187-concerning the qualified individual's belief:
188-(1) An immediate family member of the financially vulnerable
189-adult.
190-(2) A legal guardian of the financially vulnerable adult.
191-(3) A conservator of the financially vulnerable adult.
192-(4) A trustee, cotrustee, or successor trustee of the account of the
193-financially vulnerable adult.
194-(5) An agent under a power of attorney of the financially
195-vulnerable adult.
196-(6) Any other person permitted under existing laws, rules,
197-regulations, or customer agreement.
198-SEA 182 President of the Senate
199-President Pro Tempore
200-Speaker of the House of Representatives
201-Governor of the State of Indiana
202-Date: Time:
203-SEA 182
55+1 SECTION 1. IC 12-10-3-0.5 IS ADDED TO THE INDIANA CODE
56+2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
57+3 1, 2025]: Sec. 0.5. This chapter applies to a report that is received
58+4 by a call to a statewide toll free telephone number or through
59+5 online reporting.
60+6 SECTION 2. IC 12-10-3-1 IS AMENDED TO READ AS
61+7 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. As used in this
62+8 chapter, "adult protective services unit" refers to the person or entity
63+9 with whom the division contracts to carry out the duties listed in
64+10 section 8 of this chapter.
65+11 SECTION 3. IC 12-10-3-2, AS AMENDED BY P.L.65-2016,
66+12 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
67+13 JULY 1, 2025]: Sec. 2. (a) Except as provided in subsection (b), as
68+14 used in this chapter, "endangered adult" means an individual who is:
69+15 (1) at least eighteen (18) years of age;
70+16 (2) incapable by reason of mental illness, intellectual disability,
71+17 dementia, habitual drunkenness, excessive use of drugs, or other
72+ES 182—LS 6595/DI 104 2
73+1 physical or mental incapacity of managing or directing the
74+2 management of the individual's property or providing or directing
75+3 the provision of self-care; and
76+4 (3) harmed or threatened with harm as a result of:
77+5 (A) neglect;
78+6 (B) a battery offense included in IC 35-42-2; or
79+7 (C) exploitation of the individual's personal services or
80+8 property.
81+9 (b) For purposes of IC 12-10-3-17, IC 35-42-2-1, IC 35-42-2-1.3,
82+10 and IC 35-46-1-13, "endangered adult" means an individual who is:
83+11 (1) at least eighteen (18) years of age;
84+12 (2) incapable by reason of mental illness, intellectual disability,
85+13 dementia, or other physical or mental incapacity of managing or
86+14 directing the management of the individual's property or
87+15 providing or directing the provision of self-care; and
88+16 (3) harmed or threatened with harm as a result of:
89+17 (A) neglect; or
90+18 (B) battery.
91+19 (c) An individual is not an endangered adult solely:
92+20 (1) for the reason that the individual is being provided spiritual
93+21 treatment in accordance with a recognized religious method of
94+22 healing instead of specified medical treatment if the individual
95+23 would not be considered to be an endangered adult if the
96+24 individual were receiving the medical treatment; or
97+25 (2) on the basis of being physically unable to provide self care
98+26 when appropriate care is being provided.
99+27 SECTION 4. IC 12-10-3-8 IS AMENDED TO READ AS
100+28 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 8. If the adult
101+29 protective services unit has reason to believe that an individual is an
102+30 endangered adult, the adult protective services unit shall do the
103+31 following:
104+32 (1) Investigate the complaint or cause and make a determination
105+33 as to whether the individual is an endangered adult or if the
106+34 complaint report is to be referred to investigated by a law
107+35 enforcement or other agency for investigation. and make a
108+36 determination as to whether the individual reported is an
109+37 endangered adult.
110+38 (2) Upon a determination that an individual is an endangered
111+39 adult under this chapter, do the following:
112+40 (A) Initiate procedures that the adult protective services unit
113+41 determines are necessary, based on an evaluation of the needs
114+42 of the endangered adult, to protect the endangered adult.
115+ES 182—LS 6595/DI 104 3
116+1 (B) Coordinate and cooperate with the division or other
117+2 appropriate person to obtain protective services for the
118+3 endangered adult, including the development of a plan in
119+4 cooperation with the endangered adult, whereby the least
120+5 restrictive protective services necessary to protect the
121+6 endangered adult will be made available to the endangered
122+7 adult.
123+8 (C) Monitor the protective services provided the endangered
124+9 adult to determine the effectiveness of the services.
125+10 (D) Comply with the notification requirements described in
126+11 sections 21(4) and 28(b)(5) of this chapter.
127+12 SECTION 5. IC 12-10-3-10 IS AMENDED TO READ AS
128+13 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 10. (a) Each
129+14 endangered adult report made under this chapter shall be
130+15 communicated immediately to at least one (1) of the following:
131+16 (1) The adult protective services unit.
132+17 (2) A law enforcement agency.
133+18 (3) The division by telephone on the statewide toll free telephone
134+19 number established under section 12 of this chapter.
135+20 (b) (a) A law enforcement agency that receives an endangered adult
136+21 report shall immediately communicate the report to the adult protective
137+22 services unit and the unit shall notify the division of the report.
138+23 (c) (b) Reports must include as much of the following information
139+24 as is known:
140+25 (1) The name, age, and address of the endangered adult.
141+26 (2) The names and addresses of family members or other persons
142+27 financially responsible for the endangered adult's care or other
143+28 individuals who may be able to provide relevant information.
144+29 (3) The apparent nature and extent of the alleged neglect, battery,
145+30 or exploitation and the endangered adult's physical and mental
146+31 condition.
147+32 (4) The name, address, and telephone number of the reporter and
148+33 the basis of the reporter's knowledge.
149+34 (5) The name and address of the alleged offender.
150+35 (6) Any other relevant information regarding the circumstances
151+36 of the endangered adult.
152+37 SECTION 6. IC 12-10-3-12, AS AMENDED BY P.L.153-2011,
153+38 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
154+39 JULY 1, 2025]: Sec. 12. The division shall establish the following:
155+40 (1) A statewide toll free telephone line continuously open to
156+41 receive reports of suspected neglect, battery, or exploitation.
157+42 (2) Standards of practice established with the concurrence of the
158+ES 182—LS 6595/DI 104 4
159+1 prosecuting attorneys council of Indiana (IC 33-39-8-2) and
160+2 governing the services provided by the adult protective services
161+3 unit.
162+4 SECTION 7. IC 12-10-3-13 IS AMENDED TO READ AS
163+5 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 13. (a) The division
164+6 shall maintain the following:
165+7 (1) Records on individuals that the division and adult protective
166+8 services units have determined to be endangered adults and the
167+9 protective services needed.
168+10 (2) Records of agencies, persons, or institutions who are
169+11 determined to have permitted neglect, battery, or exploitation of
170+12 endangered adults.
171+13 (3) Nonidentifying statistical records concerning unsubstantiated
172+14 reports about endangered adults. Records of intake reports and
173+15 cases received, for at least five (5) years.
174+16 The information maintained under this section shall be used solely for
175+17 statistical purposes and must be available to law enforcement officials,
176+18 state licensing agencies, and other officials and employees of
177+19 municipal, county, and state government having a legitimate interest in
178+20 the welfare of individuals who may be endangered adults or who have
179+21 a legitimate interest in the operation of agencies or institutions
180+22 providing care to individuals served under this chapter.
181+23 SECTION 8. IC 12-10-3-15 IS AMENDED TO READ AS
182+24 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 15. (a) Reports made
183+25 under this chapter and any other information obtained concerning the
184+26 reports written, or photographs taken concerning the reports are
185+27 confidential and may be made available only to the individuals
186+28 authorized in section 13 of this chapter as determined necessary by the
187+29 division:
188+30 (1) for purposes of providing or monitoring protective services
189+31 under this chapter;
190+32 (2) with the consent of all parties any alleged victim named in
191+33 the report; or
192+34 (3) upon the issuance of a court order releasing the information.
193+35 (b) The adult protective services unit shall share appropriate
194+36 information to the extent that information concerning a report is
195+37 needed to coordinate or implement services.
196+38 SECTION 9. IC 12-10-3-29.5, AS AMENDED BY P.L.148-2024,
197+39 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
198+40 JULY 1, 2025]: Sec. 29.5. (a) Except as provided in subsection (b), An
199+41 adult protective services unit or a staff member of the adult protective
200+42 services unit may not be designated as:
201+ES 182—LS 6595/DI 104 5
202+1 (1) a personal representative;
203+2 (2) a health care representative;
204+3 (3) a guardian;
205+4 (4) a guardian ad litem; or
206+5 (5) any other type of representative;
207+6 for an endangered adult.
208+7 (b) The:
209+8 (1) prosecuting attorney in the county in which the adult
210+9 protective services unit is located; or
211+10 (2) head of the governmental entity if the adult protective services
212+11 unit is operated by a governmental entity;
213+12 may give written permission for an adult protective services unit or a
214+13 staff member of the adult protective services unit to be designated as
215+14 a representative described in subsection (a)(1) through (a)(5).
216+15 SECTION 10. IC 23-19-4.1-6, AS AMENDED BY P.L.158-2017,
217+16 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
218+17 JULY 1, 2025]: Sec. 6. (a) If a qualified individual has reason to
219+18 believe that financial exploitation of a financially vulnerable adult has
220+19 occurred, has been attempted, or is being attempted, the qualified
221+20 individual shall, as required by IC 12-10-3-9(a):
222+21 (1) make a report to an entity listed in IC 12-10-3-10(a); the adult
223+22 protective services unit (as defined in IC 12-10-3-1); and
224+23 (2) notify the commissioner.
225+24 (b) After a qualified individual makes a report and provides
226+25 notification under subsection (a), the qualified individual may, to the
227+26 extent permitted under federal law, notify any of the following
228+27 concerning the qualified individual's belief:
229+28 (1) An immediate family member of the financially vulnerable
230+29 adult.
231+30 (2) A legal guardian of the financially vulnerable adult.
232+31 (3) A conservator of the financially vulnerable adult.
233+32 (4) A trustee, cotrustee, or successor trustee of the account of the
234+33 financially vulnerable adult.
235+34 (5) An agent under a power of attorney of the financially
236+35 vulnerable adult.
237+36 (6) Any other person permitted under existing laws, rules,
238+37 regulations, or customer agreement.
239+ES 182—LS 6595/DI 104 6
240+COMMITTEE REPORT
241+Mr. President: The Senate Committee on Family and Children
242+Services, to which was referred Senate Bill No. 182, has had the same
243+under consideration and begs leave to report the same back to the
244+Senate with the recommendation that said bill DO PASS.
245+ (Reference is to SB 182 as introduced.)
246+
247+WALKER G, Chairperson
248+Committee Vote: Yeas 9, Nays 0
249+_____
250+COMMITTEE REPORT
251+Mr. Speaker: Your Committee on Judiciary, to which was referred
252+Senate Bill 182, has had the same under consideration and begs leave
253+to report the same back to the House with the recommendation that said
254+bill do pass.
255+(Reference is to SB 182 as printed January 28, 2025.)
256+JETER
257+Committee Vote: Yeas 12, Nays 0
258+ES 182—LS 6595/DI 104