First Regular Session of the 124th General Assembly (2025)
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between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 182
AN ACT to amend the Indiana Code concerning human services.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 12-10-3-0.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 0.5. This chapter applies to a report that is received
by a call to a statewide toll free telephone number or through
online reporting.
SECTION 2. IC 12-10-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. As used in this
chapter, "adult protective services unit" refers to the person or entity
with whom the division contracts to carry out the duties listed in
section 8 of this chapter.
SECTION 3. IC 12-10-3-2, AS AMENDED BY P.L.65-2016,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) Except as provided in subsection (b), as
used in this chapter, "endangered adult" means an individual who is:
(1) at least eighteen (18) years of age;
(2) incapable by reason of mental illness, intellectual disability,
dementia, habitual drunkenness, excessive use of drugs, or other
physical or mental incapacity of managing or directing the
management of the individual's property or providing or directing
the provision of self-care; and
(3) harmed or threatened with harm as a result of:
(A) neglect;
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(B) a battery offense included in IC 35-42-2; or
(C) exploitation of the individual's personal services or
property.
(b) For purposes of IC 12-10-3-17, IC 35-42-2-1, IC 35-42-2-1.3,
and IC 35-46-1-13, "endangered adult" means an individual who is:
(1) at least eighteen (18) years of age;
(2) incapable by reason of mental illness, intellectual disability,
dementia, or other physical or mental incapacity of managing or
directing the management of the individual's property or
providing or directing the provision of self-care; and
(3) harmed or threatened with harm as a result of:
(A) neglect; or
(B) battery.
(c) An individual is not an endangered adult solely:
(1) for the reason that the individual is being provided spiritual
treatment in accordance with a recognized religious method of
healing instead of specified medical treatment if the individual
would not be considered to be an endangered adult if the
individual were receiving the medical treatment; or
(2) on the basis of being physically unable to provide self care
when appropriate care is being provided.
SECTION 4. IC 12-10-3-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 8. If the adult
protective services unit has reason to believe that an individual is an
endangered adult, the adult protective services unit shall do the
following:
(1) Investigate the complaint or cause and make a determination
as to whether the individual is an endangered adult or if the
complaint report is to be referred to investigated by a law
enforcement or other agency for investigation. and make a
determination as to whether the individual reported is an
endangered adult.
(2) Upon a determination that an individual is an endangered
adult under this chapter, do the following:
(A) Initiate procedures that the adult protective services unit
determines are necessary, based on an evaluation of the needs
of the endangered adult, to protect the endangered adult.
(B) Coordinate and cooperate with the division or other
appropriate person to obtain protective services for the
endangered adult, including the development of a plan in
cooperation with the endangered adult, whereby the least
restrictive protective services necessary to protect the
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endangered adult will be made available to the endangered
adult.
(C) Monitor the protective services provided the endangered
adult to determine the effectiveness of the services.
(D) Comply with the notification requirements described in
sections 21(4) and 28(b)(5) of this chapter.
SECTION 5. IC 12-10-3-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 10. (a) Each
endangered adult report made under this chapter shall be
communicated immediately to at least one (1) of the following:
(1) The adult protective services unit.
(2) A law enforcement agency.
(3) The division by telephone on the statewide toll free telephone
number established under section 12 of this chapter.
(b) (a) A law enforcement agency that receives an endangered adult
report shall immediately communicate the report to the adult protective
services unit and the unit shall notify the division of the report.
(c) (b) Reports must include as much of the following information
as is known:
(1) The name, age, and address of the endangered adult.
(2) The names and addresses of family members or other persons
financially responsible for the endangered adult's care or other
individuals who may be able to provide relevant information.
(3) The apparent nature and extent of the alleged neglect, battery,
or exploitation and the endangered adult's physical and mental
condition.
(4) The name, address, and telephone number of the reporter and
the basis of the reporter's knowledge.
(5) The name and address of the alleged offender.
(6) Any other relevant information regarding the circumstances
of the endangered adult.
SECTION 6. IC 12-10-3-12, AS AMENDED BY P.L.153-2011,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 12. The division shall establish the following:
(1) A statewide toll free telephone line continuously open to
receive reports of suspected neglect, battery, or exploitation.
(2) Standards of practice established with the concurrence of the
prosecuting attorneys council of Indiana (IC 33-39-8-2) and
governing the services provided by the adult protective services
unit.
SECTION 7. IC 12-10-3-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 13. (a) The division
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shall maintain the following:
(1) Records on individuals that the division and adult protective
services units have determined to be endangered adults and the
protective services needed.
(2) Records of agencies, persons, or institutions who are
determined to have permitted neglect, battery, or exploitation of
endangered adults.
(3) Nonidentifying statistical records concerning unsubstantiated
reports about endangered adults. Records of intake reports and
cases received, for at least five (5) years.
The information maintained under this section shall be used solely for
statistical purposes and must be available to law enforcement officials,
state licensing agencies, and other officials and employees of
municipal, county, and state government having a legitimate interest in
the welfare of individuals who may be endangered adults or who have
a legitimate interest in the operation of agencies or institutions
providing care to individuals served under this chapter.
SECTION 8. IC 12-10-3-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 15. (a) Reports made
under this chapter and any other information obtained concerning the
reports written, or photographs taken concerning the reports are
confidential and may be made available only to the individuals
authorized in section 13 of this chapter as determined necessary by the
division:
(1) for purposes of providing or monitoring protective services
under this chapter;
(2) with the consent of all parties any alleged victim named in
the report; or
(3) upon the issuance of a court order releasing the information.
(b) The adult protective services unit shall share appropriate
information to the extent that information concerning a report is
needed to coordinate or implement services.
SECTION 9. IC 12-10-3-29.5, AS AMENDED BY P.L.148-2024,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 29.5. (a) Except as provided in subsection (b), An
adult protective services unit or a staff member of the adult protective
services unit may not be designated as:
(1) a personal representative;
(2) a health care representative;
(3) a guardian;
(4) a guardian ad litem; or
(5) any other type of representative;
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for an endangered adult.
(b) The:
(1) prosecuting attorney in the county in which the adult
protective services unit is located; or
(2) head of the governmental entity if the adult protective services
unit is operated by a governmental entity;
may give written permission for an adult protective services unit or a
staff member of the adult protective services unit to be designated as
a representative described in subsection (a)(1) through (a)(5).
SECTION 10. IC 23-19-4.1-6, AS AMENDED BY P.L.158-2017,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. (a) If a qualified individual has reason to
believe that financial exploitation of a financially vulnerable adult has
occurred, has been attempted, or is being attempted, the qualified
individual shall, as required by IC 12-10-3-9(a):
(1) make a report to an entity listed in IC 12-10-3-10(a); the adult
protective services unit (as defined in IC 12-10-3-1); and
(2) notify the commissioner.
(b) After a qualified individual makes a report and provides
notification under subsection (a), the qualified individual may, to the
extent permitted under federal law, notify any of the following
concerning the qualified individual's belief:
(1) An immediate family member of the financially vulnerable
adult.
(2) A legal guardian of the financially vulnerable adult.
(3) A conservator of the financially vulnerable adult.
(4) A trustee, cotrustee, or successor trustee of the account of the
financially vulnerable adult.
(5) An agent under a power of attorney of the financially
vulnerable adult.
(6) Any other person permitted under existing laws, rules,
regulations, or customer agreement.
SEA 182 President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
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