Section 12-22-2-11 - Operation by unlicensed entity; investigations; penalties(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.Amended by P.L. 201-2023,SEC. 140, eff. 7/1/2023.Amended by P.L. 143-2011, SEC. 26, eff. 7/1/2011.As added by P.L. 111-1997, SEC.4. Amended by P.L. 215-2001, SEC.61; P.L. 99-2007, SEC.114.