2014 Indiana Code
TITLE 12. HUMAN SERVICES
ARTICLE 21. DIVISION OF MENTAL HEALTH AND ADDICTION
CHAPTER 3. PERSONNEL OF DIVISION
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IC 12-21-3
Chapter 3. Personnel of Division
IC 12-21-3-1
Repealed
(Repealed by P.L.6-2012, SEC.96.)
IC 12-21-3-2
Civil or criminal liability; action or proceeding; defense; damages
Sec. 2. (a) If a member, an officer, or an employee of the division
is accused of an offense or sued for civil damages because of an act
performed within the course of the individual's employment or
because of an act performed under the authority or order of a superior
officer, the attorney general shall defend the individual in an action
for civil damages. If the action or proceeding is criminal in nature,
the governor shall designate counsel to represent and defend the
accused and the state is financially responsible for the expense of the
defense.
(b) This section does not do either of the following:
(1) Deprive an individual of the right to select defense counsel
of the individual's choice at the individual's expense.
(2) Relieve a person from responsibility for civil damages.
As added by P.L.2-1992, SEC.15.
IC 12-21-3-3
Performance bonds and crime policies
Sec. 3. (a) An officer or employee of the division shall, as the
director requires, furnish a bond or crime policy endorsed to include
faithful performance in the amount the director determines payable
to the state and conditioned upon the faithful performance of the
individual's duties.
(b) The bonds or crime policies are subject to approval by the
insurance commissioner and shall be filed in the office of the
secretary of state.
(c) The premiums for the bonds are payable from the money of the
division.
(d) The director may secure a standard form blanket bond or crime
insurance policy endorsed to include faithful performance covering
all or any part of the officers and employees of the department.
However, the blanket bond or crime insurance policy must be in an
amount not less than fifty thousand dollars ($50,000).
(e) The commissioner of insurance shall prescribe the form of the
bonds or crime policies required by this section.
As added by P.L.2-1992, SEC.15. Amended by P.L.49-1995, SEC.8.
IC 12-21-3-4
Authorization to administer oaths, take depositions, and certify to
official acts
Sec. 4. The director, deputy directors, bureau heads of the
division, and the superintendents of the state institutions administered
by the division may administer oaths, take depositions, and certify to
official acts.
As added by P.L.2-1992, SEC.15.
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