5.
(a)If a public health authority has reason
to believe that:
(1)an individual:
(A)has been infected with; or
(B)has been exposed to;
a serious communicable disease or outbreak; and
(2)the individual is likely to cause the infection of an uninfected
individual if the individual is not restricted in the individual's
ability to come into contact with an uninfected individual;
the public health authority may petition a circuit or superior court for
an order imposing isolation or quarantine on the individual. A petition
for isolation or quarantine filed under this subsection must be verified
and include a brief description of the facts supporting the public health
authority's belief that isolation or quarantine should be imposed on an
individual, including a description of any efforts th
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5. (a) If a public health authority has reason
to believe that:
(1) an individual:
(A) has been infected with; or
(B) has been exposed to;
a serious communicable disease or outbreak; and
(2) the individual is likely to cause the infection of an uninfected
individual if the individual is not restricted in the individual's
ability to come into contact with an uninfected individual;
the public health authority may petition a circuit or superior court for
an order imposing isolation or quarantine on the individual. A petition
for isolation or quarantine filed under this subsection must be verified
and include a brief description of the facts supporting the public health
authority's belief that isolation or quarantine should be imposed on an
individual, including a description of any efforts the public health
authority made to obtain the individual's voluntary compliance with
isolation or quarantine before filing the petition.
(b) Except as provided in subsections (e) and (k), an individual
described in subsection (a) is entitled to notice and an opportunity to
be heard, in person or by counsel, before a court issues an order
imposing isolation or quarantine. A court may restrict an individual's
right to appear in person if the court finds that the individual's personal
appearance is likely to expose an uninfected person to a serious
communicable disease or outbreak.
(c) If an individual is restricted from appearing in person under
subsection (b), the court shall hold the hearing in a manner that allows
all parties to fully and safely participate in the proceedings under the
circumstances.
(d) If the public health authority proves by clear and convincing
evidence that:
(1) an individual has been infected or exposed to a serious
communicable disease or outbreak; and
(2) the individual is likely to cause the infection of an uninfected
individual if the individual is not restricted in the individual's
ability to come into contact with an uninfected individual;
the court may issue an order imposing isolation or quarantine on the
individual. The court shall establish the conditions of isolation or
quarantine, including the duration of isolation or quarantine. The court
shall impose the least restrictive conditions of isolation or quarantine
that are consistent with the protection of the public.
(e) If the public health authority has reason to believe that an
individual described in subsection (a) is likely to expose an uninfected
individual to a serious communicable disease or outbreak before the
individual described in subsection (a) can be provided with notice and
an opportunity to be heard, the public health authority may seek in a
circuit or superior court an emergency order of quarantine or isolation
by filing a verified petition for emergency quarantine or isolation. The
verified petition must include a brief description of the facts supporting
the public health authority's belief that:
(1) isolation or quarantine should be imposed on an individual;
and
(2) the individual described in subsection (a) may expose an
uninfected individual to a serious communicable disease or
outbreak before the individual described in subsection (a) can be
provided with notice and an opportunity to be heard.
The verified petition must include a description of any efforts the
public health authority made to obtain the individual's voluntary
compliance with isolation or quarantine before filing the petition.
(f) If the public health authority proves by clear and convincing
evidence that:
(1) an individual has been infected or exposed to a serious
communicable disease or outbreak;
(2) the individual is likely to cause the infection of an uninfected
individual if the individual is not restricted in the individual's
ability to come into contact with an uninfected individual; and
(3) the individual may expose an uninfected individual to a
serious communicable disease or outbreak before the individual
can be provided with notice and an opportunity to be heard;
the court may issue an emergency order imposing isolation or
quarantine on the individual. The court shall establish the duration and
other conditions of isolation or quarantine. The court shall impose the
least restrictive conditions of isolation or quarantine that are consistent
with the protection of the public.
(g) A court may issue an emergency order of isolation or quarantine
without the verified petition required under subsection (e) if the court
receives sworn testimony of the same facts required in the verified
petition:
(1) in a nonadversarial, recorded hearing before the judge;
(2) orally by telephone or radio;
(3) in writing by facsimile transmission (fax); or
(4) through other electronic means approved by the court.
If the court agrees to issue an emergency order of isolation or
quarantine based upon information received under subdivision (2), the
court shall direct the public health authority to sign the judge's name
and to write the time and date of issuance on the proposed emergency
order. If the court agrees to issue an emergency order of isolation or
quarantine based upon information received under subdivision (3), the
court shall direct the public health authority to transmit a proposed
emergency order to the court, which the court shall sign, add the date
of issuance, and transmit back to the public health authority. A court
may modify the conditions of a proposed emergency order.
(h) If an emergency order of isolation or quarantine is issued under
subsection (g)(2), the court shall record the conversation on audiotape
and order the court reporter to type or transcribe the recording for entry
in the record. The court shall certify the audiotape, the transcription,
and the order retained by the judge for entry in the record.
(i) If an emergency order of isolation or quarantine is issued under
subsection (g)(3), the court shall order the court reporter to retype or
copy the facsimile transmission for entry in the record. The court shall
certify the transcription or copy and order retained by the judge for
entry in the record.
(j) The clerk shall notify the public health authority who received an
emergency order under subsection (g)(2) or (g)(3) when the
transcription or copy required under this section is entered in the
record. The public health authority shall sign the typed, transcribed, or
copied entry upon receiving notice from the court reporter.
(k) The public health authority may issue an immediate order
imposing isolation or quarantine on an individual if exigent
circumstances, including the number of affected individuals, exist that
make it impracticable for the public health authority to seek an order
from a court, and obtaining the individual's voluntary compliance is or
has proven impracticable or ineffective. An immediate order of
isolation or quarantine expires after seventy-two (72) hours, excluding
Saturdays, Sundays, and legal holidays, unless renewed in accordance
with subsection (l). The public health authority shall establish the other
conditions of isolation or quarantine. The public health authority shall
impose the least restrictive conditions of isolation or quarantine that are
consistent with the protection of the public. If the immediate order
applies to a group of individuals and it is impracticable to provide
individual notice, the public health authority shall post a copy of the
order where it is likely to be seen by individuals subject to the order.
(l) The public health authority may seek to renew an order of
isolation or quarantine or an immediate order of isolation or quarantine
issued under this section by doing the following:
(1) By filing a petition to renew the emergency order of isolation
or quarantine or the immediate order of isolation or quarantine
with:
(A) the court that granted the emergency order of isolation or
quarantine; or
(B) a circuit or superior court, in the case of an immediate
order.
The petition for renewal must include a brief description of the
facts supporting the public health authority's belief that the
individual who is the subject of the petition should remain in
isolation or quarantine and a description of any efforts the public
health authority made to obtain the individual's voluntary
compliance with isolation or quarantine before filing the petition.
(2) By providing the individual who is the subject of the
emergency order of isolation or quarantine or the immediate order
of isolation or quarantine with a copy of the petition and notice of
the hearing at least twenty-four (24) hours before the time of the
hearing.
(3) By informing the individual who is the subject of the
emergency order of isolation or quarantine or the immediate order
of isolation or quarantine that the individual has the right to:
(A) appear, unless the court finds that the individual's personal
appearance may expose an uninfected person to a serious
communicable disease or outbreak;
(B) cross-examine witnesses; and
(C) counsel, including court appointed counsel in accordance
with subsection (c).
(4) If:
(A) the petition applies to a group of individuals; and
(B) it is impracticable to provide individual notice;
by posting the petition in a conspicuous location on the isolation
or quarantine premises.
(m) If the public health authority proves by clear and convincing
evidence at a hearing under subsection (l) that:
(1) an individual has been infected or exposed to a serious
communicable disease or outbreak; and
(2) the individual is likely to cause the infection of an uninfected
individual if the individual is not restricted in the individual's
ability to come into contact with an uninfected individual;
the court may renew the existing order of isolation or quarantine or
issue a new order imposing isolation or quarantine on the individual.
The court shall establish the conditions of isolation or quarantine,
including the duration of isolation or quarantine. The court shall
impose the least restrictive conditions of isolation or quarantine that are
consistent with the protection of the public.
(n) Unless otherwise provided by law, a petition for isolation or
quarantine, or a petition to renew an immediate order for isolation or
quarantine, may be filed in a circuit or superior court in any county.
Preferred venue for a petition described in this subsection is:
(1) the county or counties (if the area of isolation or quarantine
includes more than one (1) county) where the individual,
premises, or location to be isolated or quarantined is located; or
(2) a county adjacent to the county or counties (if the area of
isolation or quarantine includes more than one (1) county) where
the individual, premises, or location to be isolated or quarantined
is located.
This subsection does not preclude a change of venue for good cause
shown.
(o) Upon the motion of any party, or upon its own motion, a court
may consolidate cases for a hearing under this section if:
(1) the number of individuals who may be subject to isolation or
quarantine, or who are subject to isolation or quarantine, is so
large as to render individual participation impractical;
(2) the law and the facts concerning the individuals are similar;
and
(3) the individuals have similar rights at issue.
A court may appoint an attorney to represent a group of similarly
situated individuals if the individuals can be adequately represented.
An individual may retain his or her own counsel or proceed pro se.
(p) A public health authority that imposes a quarantine that is not in
the person's home:
(1) shall allow the parent or guardian of a child who is
quarantined under this section; and
(2) may allow an adult;
to remain with the quarantined individual in quarantine. As a condition
of remaining with the quarantined individual, the public health
authority may require a person described in subdivision (2) who has not
been exposed to a serious communicable disease to receive an
immunization or treatment for the disease or condition, if an
immunization or treatment is available and if requiring immunization
or treatment does not violate a constitutional right.
(q) If an individual who is quarantined under this section is the sole
parent or guardian of one (1) or more children who are not quarantined,
the child or children shall be placed in the residence of a relative,
friend, or neighbor of the quarantined individual until the quarantine
period has expired. Placement under this subsection must be in
accordance with the directives of the parent or guardian, if possible.
(r) State and local law enforcement agencies shall cooperate with
the public health authority in enforcing an order of isolation or
quarantine.
(s) The court shall appoint an attorney to represent an indigent
individual in an action brought under this chapter or under IC 16-41-6.
If funds to pay for the court appointed attorney are not available from
any other source, the state department may use the proceeds of a grant
or loan to reimburse the county, state, or attorney for the costs of
representation.
(t) A person who knowingly or intentionally violates a condition of
isolation or quarantine under this chapter commits violating quarantine
or isolation, a Class A misdemeanor.
(u) The state department shall adopt rules under IC 4-22-2 to
implement this section, including rules to establish guidelines for:
(1) voluntary compliance with isolation and quarantine;
(2) quarantine locations and logistical support; and
(3) moving individuals to and from a quarantine location.
The absence of rules adopted under this subsection does not preclude
the public health authority from implementing any provision of this
section.