CHAPTER 1. INDIANA PROTECTION AND ADVOCACY SERVICE COMMISSION
IC 12-28
ARTICLE 28. MISCELLANEOUS PROVISIONS
CONCERNING MENTAL ILLNESS AND
DEVELOPMENTAL DISABILITIES
IC 12-28-1
Chapter 1. Indiana Protection and Advocacy Service Commission
IC 12-28-1-1
Policy; purpose; liberal construction
Sec. 1. (a) It is the policy of the state that every individual with a
developmental disability, individual with a mental illness, and
individual seeking or receiving vocational rehabilitation services has
the same right to legal and other professional and lay representational
services to promote, protect, and advocate the individual's interests
as any other individual.
(b) It is the intent of this chapter to secure to the state, the state's
local units of government, and Indiana citizens maximum benefits
under the Developmentally Disabled Assistance and Bill of Rights
Act (P.L.94-103), and to this end this chapter should be liberally
construed.
As added by P.L.2-1992, SEC.22. Amended by P.L.99-2007,
SEC.131.
IC 12-28-1-2
Advocacy defined
Sec. 2. As used in this chapter, "advocacy" means speaking for,
pleading for, supporting, advising, espousing the rights of, or
interceding on behalf of individuals with developmental disabilities,
individuals with a mental illness, or individuals seeking or receiving
vocational rehabilitation services before public or private agencies,
organizations, institutions, or individuals serving individuals with a
developmental disability or individuals with a mental illness or
providing vocational rehabilitation services.
As added by P.L.2-1992, SEC.22. Amended by P.L.99-2007,
SEC.132.
IC 12-28-1-3
Commission defined
Sec. 3. As used in this chapter, "commission" refers to the Indiana
protection and advocacy services commission established by this
chapter.
As added by P.L.2-1992, SEC.22.
IC 12-28-1-4
Services defined
Sec. 4. As used in this chapter, "services" refers to Indiana
protection and advocacy services.
As added by P.L.2-1992, SEC.22.
IC 12-28-1-5
Vocational rehabilitation services defined
Sec. 5. As used in this chapter, "vocational rehabilitation services"
refers to services available under the Rehabilitation Act of 1973 (29
U.S.C. 701 et seq.).
As added by P.L.2-1992, SEC.22.
IC 12-28-1-6
Establishment of commission; membership; eligibility; advisory
members
Sec. 6. (a) The Indiana protection and advocacy services
commission is established. The commission is composed of thirteen
(13) members who represent or who are knowledgeable about the
needs of individuals served by the commission, including mental
retardation, cerebral palsy, epilepsy, autism, and mental illness to be
appointed as follows:
(1) Four (4) members to be appointed by the governor.
(2) Nine (9) members to be appointed by a majority vote of
commission members.
(b) An official or employee of a branch of state government that
delivers services to individuals with a developmental disability, with
a mental illness, or seeking or receiving vocational rehabilitation
services is not eligible for membership on the commission.
(c) One (1) member of the senate appointed by the president pro
tempore of the senate and one (1) member of the house of
representatives appointed by the speaker of the house of
representatives serve in an advisory nonvoting capacity to the
commission.
As added by P.L.2-1992, SEC.22. Amended by P.L.140-1993, SEC.3;
P.L.99-2007, SEC.133.
IC 12-28-1-7
Term of office; consecutive terms
Sec. 7. (a) The term of office of a member of the commission is
three (3) years.
(b) A member may not serve more than five (5) consecutive terms.
As added by P.L.2-1992, SEC.22. Amended by P.L.23-1998, SEC.1;
P.L.46-2003, SEC.1.
IC 12-28-1-8
Vacancies
Sec. 8. A vacancy on the commission must be filled by
appointment not later than sixty (60) days after the vacancy occurs.
A member appointed to fill a vacancy occurring before the expiration
of the term for which the member's predecessor was appointed shall
be appointed only for the remainder of the term.
As added by P.L.2-1992, SEC.22. Amended by P.L.140-1993, SEC.4.
IC 12-28-1-9
Per diem; travel expenses
Sec. 9. The commission members are entitled to per diem and
travel expenses for attending the meetings of the commission as
provided for state employees under IC 4-10-11-2.1.
As added by P.L.2-1992, SEC.22.
IC 12-28-1-10
Executive director
Sec. 10. The commission shall establish Indiana protection and
advocacy services and appoint an individual to be executive director
of the services. The executive director serves at the pleasure of the
commission and shall devote the director's time exclusively to the
performance of the duties of the office.
As added by P.L.2-1992, SEC.22.
IC 12-28-1-11
Purpose of commission
Sec. 11. The primary purpose of the commission is to assure
adequate legal and advocacy services for the:
(1) promotion;
(2) protection; and
(3) advocacy;
of the rights and interests of individuals with a developmental
disability, individuals with a mental illness, and individuals who are
seeking or receiving vocational rehabilitation services throughout
Indiana.
As added by P.L.2-1992, SEC.22. Amended by P.L.99-2007,
SEC.134.
IC 12-28-1-12
Powers, duties, and functions of commission
Sec. 12. Notwithstanding IC 4-6-2, the commission has the
following powers, duties, and functions:
(1) Establish and maintain all necessary offices.
(2) Subject to IC 4-15-2:
(A) appoint;
(B) fix the compensation for; and
(C) prescribe the duties of;
the attorneys, other employees, and agents the commission
considers necessary.
(3) Provide legal and other advocacy services throughout
Indiana to individuals or organizations on matters related to the
protection of the legal and human rights of individuals with a
developmental disability, individuals with a mental illness, and
individuals who are seeking or receiving vocational
rehabilitation services.
(4) Enter into contractual relationships and sue and be sued in
the name of the services.
(5) Apply for, solicit, and accept contributions or grants of
money, property, or services made by gift, devise, bequest,
grant, or other means from any source that the commission
considers best to assist the services in performing its purpose.
(6) Provide information and referral services.
(7) Adopt rules under IC 4-22-2 to do the following:
(A) Establish and operate local protection and advocacy
service units.
(B) Operate the service.
(C) Perform the commission's duties.
(8) Ensure full participation in the electoral process in
individuals with disabilities, including registering to vote,
casting a vote, and accessing polling places, in accordance with
42 U.S.C. 15461 through 15462.
As added by P.L.2-1992, SEC.22. Amended by P.L.209-2003,
SEC.201; P.L.99-2007, SEC.135.
IC 12-28-1-13
Eligibility for services
Sec. 13. An individual with a mental illness is eligible for services
under this chapter if the individual:
(1) has a significant mental illness or emotional impairment, as
determined by a mental health professional qualified under
Indiana statutes and rules; and
(2) is:
(A) an inpatient or a resident in a facility rendering care or
treatment even if the location of the inpatient or resident is
unknown;
(B) in the process of being admitted to a facility rendering
care or treatment, including an individual being transported
to the facility; or
(C) involuntarily confined in a municipal detention facility
for reasons other than serving a sentence resulting from
conviction for a crime.
As added by P.L.2-1992, SEC.22. Amended by P.L.99-2007,
SEC.136.