Indiana § 12-22-2-11 Operation by unlicensed entity; investigations; penalties

Indiana Statutes

§ 12-22-2-11 — Operation by unlicensed entity; investigations; penalties

Indiana·Art. 22 SERVICES FOR PERSONS WITH MENTAL·Ch. 2 Community Residential Programs

(a)An entity, other than a psychiatric residential treatment facility, may not operate or hold itself out as operating a group home for individuals with serious mental illness (SMI), serious emotional disturbance (SED), or chronic addiction (CA) unless the entity is licensed or certified by the division.

(b)The division of mental health and addiction shall investigate a report of:

(1)an unlicensed facility housing a community residential program described in section 3.5 of this chapter;

(2)an uncertified operator of a community residential program described in section 3.5 of this chapter; or

(3)a licensed or certified entity's noncompliance with this article; and report the division's findings to the attorney general.

(c)The attorney general may do the following:

(1)Seek the issuanc

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(a) An entity, other than a psychiatric
residential treatment facility, may not operate or hold itself out as
operating a group home for individuals with serious mental illness
(SMI), serious emotional disturbance (SED), or chronic addiction (CA)
unless the entity is licensed or certified by the division.
(b) The division of mental health and addiction shall investigate a
report of:
(1) an unlicensed facility housing a community residential
program described in section 3.5 of this chapter;
(2) an uncertified operator of a community residential program
described in section 3.5 of this chapter; or
(3) a licensed or certified entity's noncompliance with this article;
and report the division's findings to the attorney general.
(c) The attorney general may do the following:
(1) Seek the issuance of a search warrant to assist in an
investigation under this section.
(2) File an action for injunctive relief to stop the operation of a
facility described in subsection (b) if there is reasonable cause to
believe that:
(A) the facility or the operator of a community residential
program described in subsection (b) is operating without a
required license or certification; or
(B) a licensed or certified entity's actions or omissions create an
immediate danger of serious bodily injury to an individual with
a mental illness or an imminent danger to the health of an
individual with a mental illness.
(3) Seek in a civil action a civil penalty of not more than one
hundred dollars ($100) a day for each day a facility is operating:
(A) without a license or certification required by law; or
(B) with a license or certification required under this chapter,
but is not in compliance with this article, IC 12-21-2-3, or rules
adopted under this article or IC 12-21-2-3.
(d) The division of mental health and addiction may provide for the
removal of individuals with a mental illness from facilities for
individuals with a mental illness described in subsection (c).
(e) There must be an opportunity for an informal meeting with the
division of mental health and addiction after injunctive relief is ordered
under this section.
(f) The civil penalties collected under this section must be deposited
in the state general fund.

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