Indiana Code

Ind. Code § 12-28-1-1 (2026)

Policy; purpose; liberal construction

✓ current as of May 2026

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Sec. 1. (a) It is the policy of the state that every individual with a developmental disability, individual with a mental illness, and individual seeking or receiving vocational rehabilitation services has the same right to legal and other professional and lay representational services to promote, protect, and advocate the individual's interests as any other individual.

(b) It is the intent of this chapter to secure to the state, the state's local units of government, and Indiana citizens maximum benefits under the Developmentally Disabled Assistance and Bill of Rights Act (P.L.94-103), and to this end this chapter should be liberally construed.

[Pre-1992 Revision Citations: 16-13-19-1; 16-13-19-6.]

As added by P.L.2-1992, SEC.22. Amended by P.L.99-2007, SEC.131.

Notes of Decisions

Cited in 6 cases (3 in the last 5 years), 2009–2024 · leading case: Indiana Prot. & Advocacy Servs. v. Indiana Fam. & Soc. Servs. Admin., 603 F.3d 365 (7th Cir. 2010).

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Indiana Prot. & Advocacy Servs. v. Indiana Fam. & Soc. Servs. Admin., 603 F.3d 365 (7th Cir. 2010). “See generally Ind.Code § 12-28-1-1 et *379 seq. Under the language of the federal statute, such efforts would be redundant.”

Indiana Prot. & Advocacy Servs. Comm'n v. Comm'r, Indiana Dep't of Corr., 642 F. Supp. 2d 872 (S.D. Ind. 2009). · cites it 2× “See Ind.Code § 12-28-1-1 et seq. As a matter of federal law, therefore, IPAS must have the independence and authority required under the PAIMI, including the authority to bring lawsuits on behalf of mentally ill prisoners.”

Ind. Prot. & Adv. Servs. v. Ind. Fam. & Soc., 603 F.3d 365 (7th Cir. 2010). “See generally Ind.Code § 12-28-1-1 et *379 seq. Under the language of the federal statute, such efforts would be redundant.”

Indiana Prot. & Advocacy Servs. Comm'n v. Indiana Fam. & Soc. Servs. Admin. (S.D. Ind. 2022). · cites it 2× “IPAS, on behalf of incompetent criminal defendants, claims that the State has failed to provide timely competency restoration services, in violation of the Fourteenth Amendment; Title II of the 1 In IPAS' own words: "Indiana Protection and Advocacy Services Commission ("IPAS")…”

Indiana Prot. & Advocacy Servs. Comm'n v. Indiana Fam. & Soc. Servs. Admin. (S.D. Ind. 2024). “Code § 12-28-1-1 , et seq. While the issues presented in this case may certainly impact several Medicaid enrollees,4 this case concerns, and focuses specifically on two Individual Plaintiffs – E.”

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