Norma Jackson v. Indiana Adult Protective Services
2016 Ind. App. LEXIS 77
| Ind. Ct. App. | 2016Background
- Norma Jackson (81–82) with diagnosed dementia was involved in a minor car accident, thereafter displaying confusion (repeatedly calling police about her towed car) and failing basic orientation questions during a welfare check.
- Police escorted Jackson to IU Health/Ball Memorial Hospital; physicians diagnosed dementia NOS (likely Alzheimer’s), noted impaired short-term memory, insight, and judgment, and temporarily committed her to a geriatric psychiatric unit for up to 90 days.
- Meridian Services (hospital) contacted Adult Protective Services (APS) seeking placement in a nursing facility; APS petitioned for emergency protective services and the trial court ordered Jackson transported to The Woodlands Care Center for 24-hour care.
- The trial court’s emergency order and later protective-services order required Jackson to remain at The Woodlands until a doctor and court order approved discharge — an indefinite duration exceeding statutory emergency limits.
- The Court of Appeals reviewed whether (1) Jackson was an "endangered adult" and (2) whether a "life-threatening emergency" existed under Ind. Code § 12-10-3-28, and whether the emergency order’s duration complied with statutory limits.
Issues
| Issue | Plaintiff's Argument (Jackson) | Defendant's Argument (APS) | Held |
|---|---|---|---|
| Whether Jackson is an "endangered adult" under Ind. Code § 12-10-3-2 | Jackson argued APS failed to prove by clear and convincing evidence she was incapable of managing property or self-care and threatened with harm | APS pointed to dementia diagnosis, impaired memory/judgment, staff testimony about needing help with meds and orientation | Court: Jackson is an endangered adult (evidence sufficient) |
| Whether a "life-threatening emergency" existed under § 12-10-3-4 | Jackson argued dementia alone did not present a severe threat requiring immediate emergency intervention | APS argued impaired judgment, medication noncompliance, and inability to obtain care made the situation life-threatening | Court: APS failed to prove a life-threatening emergency by clear and convincing evidence |
| Whether APS properly used emergency protective order to obtain long-term placement | Jackson argued the emergency order was used to obtain indefinite, long-term confinement without statutory procedure for involuntary protective services | APS relied on emergency petition and hospital referral to justify continued placement | Court: Emergency order exceeded statutory duration limits and was improperly used to effect long-term detention |
| Remedy following deficient emergency/protective procedure | Jackson sought release and return home | APS implied continued need for protective services and placement | Court: Reversed; directed release from The Woodlands and return home; remanded for proceedings consistent with opinion |
Key Cases Cited
- Civil Commitment of W.S. v. Eskenazi Health, Midtown Cmty. Mental Health Ctr., 23 N.E.3d 29 (Ind. Ct. App.) (due-process standard for civil commitment; need to prove mental illness and dangerousness or grave disability)
- M.L. v. Meridian Servs., Inc., 956 N.E.2d 752 (Ind. Ct. App.) (commitment standards and burden of proof explained)
- T.D. v. Eskenazi Health Midtown Cmty. Mental Health Ctr., 40 N.E.3d 507 (Ind. Ct. App.) (standard of review for sufficiency when clear and convincing evidence is required)
- Civil Commitment of T.K. v. Dept. of Veterans Affairs, 27 N.E.3d 271 (Ind.) (courts should not reweigh evidence or judge witness credibility on appeal)
- Commitment of L.W. v. Midtown Cmty. Health Ctr., 823 N.E.2d 702 (Ind. Ct. App.) (appellate review standards for commitment cases)
- Lazarus Dep’t Store v. Sutherlin, 544 N.E.2d 513 (Ind. Ct. App.) (definition of clear and convincing standard)