Sec. 7. (a) The division shall provide coverage for the services required in each county under this chapter and may contract with:

(1) a prosecuting attorney;

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Terms Used In Indiana Code 12-10-3-7

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Contract: A legal written agreement that becomes binding when signed.
  • endangered adult: means an individual who is:

    Indiana Code 12-10-3-2

  • governmental entity: means an office or a department that is under the direct supervision of a local elected official or a county office. See Indiana Code 12-10-3-3
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
(2) a person qualified to provide the services required; or

(3) a prosecuting attorney to perform part of the services and a person described in subdivision (2) or a governmental entity qualified to perform the remainder of the services required.

     (b) The contracts entered into by the division under this section must specify that the notification provisions described in sections 21(4) and 28(b)(5) of this chapter must be followed.

     (c) A prosecuting attorney who is contracted to provide services under this section may perform services under this chapter in accordance with subsections (d) and (e).

     (d) Except as provided in subsection (e), a prosecuting attorney who has contracted to provide services under this section may provide services in another county if:

(1) the prosecuting attorney of the other county has not entered into a contract with the division to provide services; or

(2) the prosecuting attorney of the other county requests the prosecuting attorney to provide services.

     (e) Services provided by a prosecuting attorney who is providing services in another county under this section may include the investigation of matters related to the abuse, neglect, or exploitation of an endangered adult. However, a prosecuting attorney who is providing services in another county under this section may not initiate any judicial proceeding (including seeking a temporary restraining order, an order for protection, or a similar order from a court) in the other county.

[Pre-1992 Revision Citation: 4-28-5-5.]

As added by P.L.2-1992, SEC.4. Amended by P.L.110-1996, SEC.1; P.L.21-1996, SEC.3; P.L.116-2007, SEC.1; P.L.16-2024, SEC.1.