CHAPTER 11. TRANSFER OF AN INDIVIDUAL
IC 12-26-11
Chapter 11. Transfer of an Individual
IC 12-26-11-1
Transfers; facilities to which transfers may be made; best interest
of individual transferred or other patients
Sec. 1. The superintendent of a facility to which an individual was
committed under IC 12-26-6 or IC 12-26-7 or to which the
individual's commitment was transferred under this chapter, may
transfer the commitment of the individual to:
(1) a state institution;
(2) a community mental health center;
(3) a community mental retardation and other developmental
disabilities center;
(4) a federal facility;
(5) a psychiatric unit of a hospital licensed under IC 16-21;
(6) a private psychiatric facility licensed under IC 12-25;
(7) a community residential program for the developmentally
disabled described in IC 12-11-1.1-1(e)(1) or
IC 12-11-1.1-1(e)(2); or
(8) an intermediate care facility for the mentally retarded
(ICF/MR) that is licensed under IC 16-28 and is not owned by
the state;
if the transfer is likely to be in the best interest of the individual or
other patients.
As added by P.L.2-1992, SEC.20. Amended by P.L.2-1993, SEC.115;
P.L.24-1997, SEC.59; P.L.272-1999, SEC.47.
IC 12-26-11-2
Declining to admit individual; grounds
Sec. 2. The superintendent of a facility to which the commitment
of an individual is to be transferred may decline to admit the
individual if the superintendent determines that adequate space,
treatment staff, or treatment facilities appropriate to the needs of the
individual are not available.
As added by P.L.2-1992, SEC.20.
IC 12-26-11-3
Medical and treatment records; providing copies to facilities to
which individuals transferred
Sec. 3. If an individual is transferred under section 1 of this
chapter, the transferring facility shall provide a copy of the
individual's current medical and treatment records to the facility to
which the commitment of the individual is transferred.
As added by P.L.2-1992, SEC.20.
IC 12-26-11-3.5
Transfer from state institution to nonstate community or facility;
planning and facilitating transition
Sec. 3.5. If an individual is transferred under section 1 of this
chapter from a state institution administered by the division of
mental health and addiction, the gatekeeper for the individual shall
facilitate and plan, together with the individual and state institution,
the individual's transition to the community or to another facility if
the facility is not a state institution administered by the division of
mental health and addiction.
As added by P.L.6-1995, SEC.26. Amended by P.L.215-2001,
SEC.74.
IC 12-26-11-4
Notice of transfer; persons notified
Sec. 4. If the commitment of an individual is transferred to
another facility under section 1 of this chapter, the transferring
facility shall give written notice to each of the following:
(1) The individual's legal guardian.
(2) The individual's parents.
(3) The individual's spouse.
(4) The individual's attorney, if any.
As added by P.L.2-1992, SEC.20.
IC 12-26-11-5
Transfer to substantially more restrictive environment;
administrative hearing
Sec. 5. (a) As used in this section, "substantially more restrictive
environment" means another facility or that part of a facility that is
designated as the place providing maximum security for patients.
(b) If the transfer of the commitment of an individual is to a
substantially more restrictive environment, the transferring facility
shall provide the individual with an opportunity for an administrative
hearing within ten (10) days after the transfer.
As added by P.L.2-1992, SEC.20. Amended by P.L.40-1994, SEC.59.
IC 12-26-11-6
Petition to set aside transfer
Sec. 6. An individual whose commitment is transferred under
section 1 of this chapter may, within thirty (30) days after the
transfer, petition the committing court for an order setting aside the
transfer and ordering the individual and the individual's medical and
treatment records returned to the facility to which the court originally
committed the individual.
As added by P.L.2-1992, SEC.20.