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

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

Sec. 11. (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.

As added by P.L.111-1997, SEC.4. Amended by P.L.215-2001, SEC.61; P.L.99-2007, SEC.114; P.L.143-2011, SEC.26; P.L.201-2023, SEC.140.

IC 12-22-3Chapter 3. RepealedRepealed by P.L.143-2011, SEC.31.

IC 12-22-4Chapter 4. RepealedRepealed by P.L.28-2012, SEC.16.

IC 12-23ARTICLE 23. ADDICTION SERVICES

Ch. 1.Bureau of Addiction Services Ch. 2.Addiction Services Fund Ch. 3.Repealed Ch. 4.Reporting Requirements for Service Providers Ch. 5.Conditional Deferment of Judicial Proceedings After Commission of Misdemeanor or Infraction Ch. 6.Repealed Ch. 6.1.Addiction Services Ch. 7.Repealed Ch. 7.1.Continuance of Prosecution After Criminal Charge Ch. 8.Repealed Ch. 8.1.Treatment and Probation Following Criminal Conviction Ch. 9.Voluntary Treatment by Division for Alcoholics Ch. 10.Repealed Ch. 10.1.Voluntary Treatment by Division for Drug Abusers Ch. 11.Repealed Ch. 11.1.Involuntary Treatment by Division for Alcoholics and Drug Abusers Ch. 12.Voluntary and Involuntary Treatment by Division for Minors Ch. 13.Miscellaneous Lawful Activity Relating to Controlled Substances Ch. 14.Court Established Alcohol and Drug Services Program Ch. 14.5.Repealed Ch. 15.Citations for Public Intoxication Ch. 16.Program on Drug Abuse Ch. 17.Institution for Alcohol and Drug Abusers Ch. 18.Opioid Treatment Diversion Control and Oversight Program Ch. 19.Mental Health and Addiction Forensic Treatment Services Grants Ch. 19.5.Addiction Treatment Teams Ch. 20.Opioid Treatment Providers Ch. 21.Physician Medication Assisted Treatment Training Reimbursement Pilot Program Ch. 21.2.Expired Ch. 21.5.Comprehensive Addiction Recovery Centers Ch. 22.Expired Ch. 23.Employee Substance Abuse Treatment Ch. 24.Community and Faith Based Substance Abuse Programs Grant Ch. 24.2.Community and Faith Based Substance Abuse Transportation Assistance Grant Program Ch. 25.Registration of Recovery Residences

IC 12-23-1Chapter 1. Bureau of Addiction Services

12-23-1-1Repealed 12-23-1-2Repealed 12-23-1-3Repealed 12-23-1-4Repealed 12-23-1-5Repealed 12-23-1-6Powers 12-23-1-7Authority of the office of the secretary; grants, loans, and gifts; federal government grants and contracts 12-23-1-8Authority of division; disbursements to addiction services advisory council or for purposes of IC 12-23-1-6 12-23-1-9Allocation of federal aid for Drug Abuse and Alcohol Abuse/Alcoholic Efforts 12-23-1-10Cooperation of other agencies 12-23-1-11Operation of vehicle under influence of liquor or drugs; laws unaffected; alternative methods of prosecution 12-23-1-12Enforcement of article 12-23-1-13Participation in alcohol and drug services program