General Resources / Legal Resources / Medical
Resources / Briefing Papers / State Activity
Hospital Closures / Preventable
Tragedies / Press Room / Search
Our Site / Home
Last updated November 2003
ARTICLE 7. GENERAL PROVISIONS AND DEFINITIONS
IC 12-7-2-53
Dangerous
Sec. 53. "Dangerous", for purposes of IC 12-26, means a
condition in which an individual as a result of mental illness,
presents a substantial risk that the individual will harm the individual or
others.
IC 12-7-2-96
Gravely disabled
Sec. 96. "Gravely disabled", for purposes of IC 12-26, means
a condition in which an individual, as a result of mental illness, is in danger
of coming to harm because the individual:
(1) is unable to provide for that
individual's food, clothing, shelter, or other essential human needs; or
(2) has a substantial impairment or an obvious deterioration of that
individual's judgment, reasoning, or behavior that results in the individual's
inability to function independently.
Mental illness
Sec. 130. "Mental illness"
means the following:
(1) For purposes of IC
(A) substantially disturbs an individual's thinking, feeling, or behavior;
and
(B) impairs the individual's ability to function.
The term includes mental
retardation, alcoholism, and addiction to narcotics or dangerous drugs.
(2) For purposes of IC
(A) substantially disturbs an individual's thinking, feeling, or
behavior; and
(B) impairs the individual's ability to function.
The term does not include
developmental
disability.
IC 12-7-2-131
Mentally ill individual
Sec. 131. "Mentally ill individual", for purposes of IC
(1) has a psychiatric disorder that
substantially impairs the individual's mental health; and
(2) requires care, treatment,
training, or detention:
(A) because of the psychiatric disorder; or
(B) for the welfare of the
individual or others of the community in which the individual resides.
ARTICLE 24. STATE
INSTITUTIONS
IC
Chapter 19. Community Care for
Individuals With Mental Illness
IC 12-24-19-1
Applicability of chapter
Sec. 1. (a)
This chapter applies only to a patient who is transferred or discharged from a
state institution administered by the division of mental health and addiction.
(b) This
chapter does not apply to any of the following:
(1) An individual who is admitted to a state institution
only for evaluation purposes.
(2) An individual who is incompetent to stand trial.
(3) An individual who has a developmental disability (as
defined in IC 12-7-2-61).
(4) An individual in an alcohol and drug services program who is not concurrently diagnosed as mentally ill.
(5) An individual who has escaped from the facility to which
the individual was involuntarily committed.
(6) An individual who was admitted to a facility for
voluntary treatment and who has left the facility against the advice of the
attending physician.
IC 12-24-19-2
"Case management" defined
Sec. 2. (a)
As used in this chapter, "case management" means goal oriented
activities that locate, facilitate, provide access to, coordinate, or monitor
the full range of basic human needs, treatment, and service resources for
individual patients.
(b) The
term includes where necessary and appropriate for the patient the following:
(1) Assessment of the consumer.
(2) Treatment planning.
(3) Crisis assistance.
(4) Providing access to and training the patients to utilize
basic community resources.
(5) Assistance in daily living.
(6) Assistance for the patient to obtain services necessary
for meeting basic human needs.
(7) Monitoring of the overall service delivery.
(8) Assistance in obtaining the following:
(A) Rehabilitation services and vocational opportunities.
(B) Respite care.
(C) Transportation.
(D) Education services.
(E) Health supplies and prescriptions.
IC 12-24-19-3
Discharge or transfer from
institution to least restrictive setting
Sec. 3. A
patient shall be discharged or transferred from a state institution to the
least restrictive setting:
(1) when the discharge or transfer is appropriate to the
patient's unique needs;
(2) to prevent unnecessary and inappropriate
hospitalization; and
(3) in accordance with standards of professional practice.
IC 12-24-19-4
Continuum of care
Sec. 4.
Within the limits of appropriated funds, the division shall provide by written
contract a continuum of care in the community for appropriate patients who are
discharged or transferred under this chapter that does the following:
(1) Integrates services.
(2) Facilitates provision of appropriate services to
patients.
(3) Ensures continuity of care, including case management,
so that a patient is not discharged or transferred without adequate and
appropriate community services.
IC 12-24-19-5
Maximization of funding
Sec. 5. To
the extent possible, the director shall maximize the amount of federal funding
and other nonstate funds available for providing the
continuum of care in the community required by this chapter.
IC 12-24-19-6
Community services
Sec. 6. The
director shall do the following to facilitate the timely development and
delivery of community services:
(1) Adopt rules under IC
(2) Develop policies and administrative practices.
IC 12-24-19-7
Transitional care
Sec. 7. (a)
As used in this section, "transitional care" means temporary
treatment services to facilitate an individual's:
(1) transfer from a mental health institution to a community
residential setting; or
(2) discharge from a mental health institution.
(b) The
transitional care program shall assist consumers in making a smooth adjustment
to community living and operate in collaboration with a managed care provider
of services in the consumer's home area.
(c)
Resources for the program shall come from the total appropriation for the
facility, and may be adjusted to meet the needs of consumer demand by the
director.
(d) Each
state institution administered by the division of mental health and addiction
shall establish a transitional care program with adequate staffing patterns and
employee skill levels for patients' transitional care needs where clinically
appropriate.
(e) The
transitional care program shall be staffed by transitional care specialists and
at least one (1) transitional care case manager.
(f) A
transitional care case manager must have at least a bachelor's degree and be
trained in transitional care.
(g)
Psychiatric attendants working in this program shall be trained, classified,
and compensated as appropriate for a transitional care specialist.
ARTICLE 26. VOLUNTARY AND
INVOLUNTARY TREATMENT OF MENTALLY ILL INDIVIDUALS
IC
Chapter 1.
Jurisdiction and Procedure
IC 12-26-1-1
Statutes under which mentally ill
and either dangerous or gravely disabled may be involuntarily detained or
committed
Sec. 1. An
individual who is mentally ill and either dangerous or gravely disabled may be
involuntarily detained or committed under any of the following statutes:
(1) IC
(2) IC
(3) IC
(4) IC
IC 12-26-1-2
Courts having jurisdiction of proceedings
under article; exceptions
Sec. 2.
Except as provided in sections 3 and 4 of this chapter, the following
(1) A court having probate jurisdiction.
(2) A superior court in a county in which the circuit court
has exclusive probate jurisdiction.
(3) A mental health division of a superior court to the
extent the mental health division has jurisdiction under IC 33-5.1-2-4.
IC 12-26-1-3
Hearing required to be held by IC
35-36-2-4
Sec. 3. A
court that conducted the trial has jurisdiction over a hearing required to be
held by IC 35-36-2-4. The court retains jurisdiction over the individual held
under IC 35-36-2-4 until the completion of the commitment hearing. After
completion of the commitment hearing, jurisdiction is transferred to a court
having jurisdiction under section 2 of this chapter and all subsequent
petitions or motions shall be filed with the court to which the proceeding is
transferred. The file of the commitment hearing also shall be transferred from
the committing court to the court having probate jurisdiction.
IC 12-26-1-4
Juvenile court; placement only in
child caring institutions; transfer of proceedings
Sec. 4. (a)
A juvenile court has concurrent jurisdiction over proceedings under this
article that involve a child.
(b) The
juvenile court may not commit or temporarily place a child under this article
in a facility other than a child caring institution. If the juvenile court
determines that commitment or temporary placement of a child in another
facility is necessary, the juvenile court shall transfer the proceeding to a
court having probate jurisdiction.
IC 12-26-1-5
Proceedings under IC 12-26-3-5, IC
12-26-6-2(a)(1) or IC 12-26-6-2(a)(3); acquisition of
jurisdiction over allegedly mentally ill individual; individual held under IC
12-26-6-2(a)(2); retention of jurisdiction
Sec. 5. (a)
If a commitment proceeding is begun under IC 12-26-3-5, IC 12-26-6-2(a)(1), or
IC 12-26-6-2(a)(3), the court acquires jurisdiction over the alleged mentally
ill individual by service of summons on the individual according to the Indiana
Rules of Trial Procedure or by entry of an appearance by the individual.
(b) If an
individual is being held under IC 12-26-6-2(a)(2), the
court retains jurisdiction over the individual by the court's order for
continued detention.
IC 12-26-1-6
Conduct of judicial proceedings;
rules of procedure
Sec. 6.
Except as otherwise provided, a judicial proceeding under this article shall be
conducted as other civil proceedings according to the Indiana Rules of Trial
Procedure.
IC 12-26-1-7
Computation of time; application of
section
Sec. 7. (a)
This section does not apply in the following statutes:
(1) IC
(2) IC
(3) IC
(b) This
section does not apply to computation of a period during which an individual
may be detained under this article.
(c) In
computing time under this article, Saturdays, Sundays, and legal holidays are
not included in the computation if the time prescribed is less than fourteen
(14) days.
IC 12-26-1-8
Proceedings under IC 12-26-3-5, IC
Sec. 8.
Upon the filing of a petition for commitment under IC
(1) by an order of the court pending a hearing; or
(2) pending an order of the court under:
(A) IC 12-26-3-6;
(B) IC 12-26-5-10; or
(C) IC 12-26-5-11.
IC 12-26-1-9
Appeals; persons entitled to take;
manner of taking
Sec. 9. (a)
In a proceeding involving involuntary detention or commitment under this
article, appeals from the final orders or judgments of the court of original
jurisdiction may be taken by any of the following:
(1) The individual who is the subject of the proceeding.
(2) A petitioner in the proceeding.
(3) An aggrieved person.
(b) An
appeal must be taken in the same manner as any other civil case according to
the Indiana Rules of Trial and Appellate Procedure.
IC 12-26-1-10
Rules
Sec. 10.
Each division shall adopt rules under IC
IC 12-26-1-11
Forms
Sec. 11.
Each division shall prescribe the forms that must be used to administer this
article.
IC
Chapter 2. Rights of Persons
IC 12-26-2-1
Habeas corpus
Sec. 1.
This article does not limit or restrict the right of a person to apply to an
appropriate court for a writ of habeas corpus.
IC 12-26-2-2
Notice of hearings; receipt of
copies of petitions or orders; presence at hearings; application of section
Sec. 2. (a)
This section applies under the following statutes:
(1) IC
(2) IC
(3) IC
(4) IC
(b) The
individual alleged to be mentally ill has the following rights:
(1) To receive adequate notice of a hearing so that the individual
or the individual's attorney can prepare for the hearing.
(2) To receive a copy of a petition or an order relating to
the individual.
(3) To be present at a hearing relating to the individual.
The individual's right under this subdivision is subject to the court's right
to do the following:
(A) Remove the individual if the individual is disruptive to
the proceedings.
(B) Waive the individual's presence at a hearing if the
individual's presence would be injurious to the individual's mental health or well-being.
(4) To be represented by counsel.
IC 12-26-2-3
Testimony and witnesses; application
of section
Sec. 3. (a)
This section applies under the following statutes:
(1) IC
(2) IC
(3) IC
(4) IC
(b) The
individual alleged to be mentally ill, each petitioner, and all other
interested individuals shall be given an opportunity to appear at hearings and
to testify.
(c) The
individual alleged to be mentally ill and each petitioner may present and
cross-examine witnesses at hearings.
(d) The
court may receive the testimony of any individual.
IC 12-26-2-4
Change of judge; venue not to
change; application of section
Sec. 4. (a)
This section applies under the following statutes:
(1) IC
(2) IC
(3) IC
(4) IC
(b) The
individual alleged to be mentally ill and a petitioner:
(1) has a right to a change of judge; and
(2) is not entitled to a change of venue from the county.
IC 12-26-2-5
Representation by counsel;
appointment; proof required by petitioner
Sec. 5. (a)
This section applies under the following statutes:
(1) IC
(2) IC
(3) IC
(4) IC
(b) A
petitioner may be represented by counsel.
(c) The
court may appoint counsel for a petitioner upon a showing of the petitioner's indigency and the court shall pay for such counsel if
appointed.
(d) A
petitioner, including a petitioner who is a health care provider under IC
16-18-2-295(a), in the petitioner's individual capacity or as a corporation is
not required to be represented by counsel. If a petitioner who is a corporation
elects not to be represented by counsel, the individual representing the
corporation at the commitment hearing must present the court with written
authorization from:
(1) an officer;
(2) a director;
(3) a principal; or
(4) a manager;
of the
corporation that authorizes the individual to represent the interest of the
corporation in the proceedings.
(e) The
petitioner is required to prove by clear and convincing evidence that:
(1) the individual is mentally ill and either dangerous or
gravely disabled; and
(2) detention or commitment of that individual is
appropriate.
IC 12-26-2-6
Participation in proceedings or
assisting in detention or care of individual; immunity from liability
Sec. 6. (a)
A person who without malice, bad faith, or negligence acts according to this
article and:
(1) participates in proceedings for the detention or
commitment of an individual; or
(2) assists in the detention, care, and treatment of an
individual alleged or adjudged to be mentally ill;
is immune
from any civil or criminal liability that might otherwise be imposed as a
result of the person's actions.
(b) The
immunity provided by this section does not permit a person to do either of the
following:
(1) Physically abuse an individual.
(2) Deprive an individual of a personal or civil right
except according to this article.
IC 12-26-2-7
Child's advocate; immunity from
civil liability
Sec. 7.
Except for gross misconduct, if a child's advocate performs the advocate's duties
in good faith, the advocate is immune from any civil liability that may occur
as a result of the advocate's performance of duties.
IC 12-26-2-8
Detention or commitment; rights not
affected
Sec. 8. (a)
Detention or commitment of an individual under this article does not deprive
the individual of any of the following:
(1) The right to do the following:
(A) Dispose of property.
(B) Execute instruments.
(C) Make purchases.
(D) Enter into contracts.
(E) Give testimony in a court of law.
(F) Vote.
(2) A right of a citizen not listed in subdivision (1).
(b) A
procedure is not required for restoration of rights of citizenship of an
individual detained or committed under this article.
IC 12-26-2-9
Refusal to admit; transfer to
division
Sec. 9. (a)
The superintendent of a state institution may decline to admit an individual if
the superintendent determines that there is not available adequate space,
treatment staff, and treatment services appropriate to the needs of the
individual.
(b) If an
individual is refused admission under subsection (a), the commitment shall be
transferred to the appropriate division. The division shall make arrangements
for the individual's admission to an appropriate facility.
IC
Chapter 3. Voluntary Treatment
IC 12-26-3-1
Admission by facility superintendent
or by attending physician
Sec. 1. The
superintendent of a facility or an individual's attending physician may admit
an
(1) is mentally ill or has symptoms of mental illness; and
(2) makes an appropriate application;
for
observation, diagnosis, care, or treatment.
IC 12-26-3-2
Application by parent or legal
guardian
Sec. 2. (a)
If an individual is less than eighteen (18) years of age, an application under
this chapter may be made by the individual's parent or legal guardian.
(b) If an
individual is at least eighteen (18) years of age and has a legal guardian,
that individual may not be admitted by the individual's legal guardian to a
state institution under this chapter.
IC 12-26-3-3
Discharge by facility superintendent
or by attending physician; grounds
Sec. 3. The
superintendent or an individual's attending physician may discharge an
individual admitted under this chapter if the superintendent or the attending
physician determines that:
(1) care in the facility is not necessary; or
(2) the discharge would contribute to the most effective use
of the facility for the care and treatment of the mentally ill.
IC 12-26-3-4
Written request for release; time
for release
Sec. 4.
Except as provided in section 5 of this chapter, an individual who has been
admitted to a facility under this chapter shall be released within twenty-four
(24) hours of a written request for release made to the superintendent or the
individual's attending physician by:
(1) the individual; or
(2) if the individual is less than eighteen (18) years of
age, the parent or guardian who applied for the individual's admission to the
facility.
IC 12-26-3-5
Refusal to release individual;
grounds; written report to court
Sec. 5. (a)
The superintendent or the attending physician is not required to release an
individual under section 4 of this chapter if the superintendent or the
attending physician has reason to believe the individual is mentally ill and
either dangerous or gravely disabled.
(b) If the
superintendent or the attending physician makes a determination under
subsection (a), the superintendent or the attending physician must make a
written report to a court:
(1) that has jurisdiction;
(2) in the county:
(A) of the residence of the
individual; or
(B) where the facility is located;
and
(3) not later than five (5) days of receiving the request
made under section 4 of this chapter.
(c) A
report under subsection (b) must:
(1) state that there is probable cause to believe that the
individual is mentally ill and either dangerous or gravely disabled;
(2) state that the individual requires continuing care and
treatment in the facility; and
(3) request a hearing on the report.
IC 12-26-3-6
Receipt by court of written report;
setting preliminary hearing; ordering final hearing
Sec. 6. The
court shall, within two (2) days from the date of receiving a report made under
section 5 of this chapter, do either of the following:
(1) Set a preliminary hearing to determine if there is
probable cause to believe that the individual is:
(A) mentally ill and either
dangerous or gravely disabled; and
(B) in need of temporary or regular
commitment.
(2) Order a final hearing to be held within two (2) days of
the order to determine if the individual is:
(A) mentally ill and either
dangerous or gravely disabled; and
(B) in need of temporary or regular
commitment.
IC 12-26-3-7
Preliminary hearing; introduction of
physician's statement; probable cause finding; discharge or commitment
Sec. 7. (a)
A physician's statement may be introduced into evidence at the preliminary
hearing without the presence of the physician.
(b) A
finding of probable cause may not be entered at the preliminary hearing unless
there is oral testimony:
(1) subject to cross-examination;
(2) of at least one (1) witness who:
(A) has personally observed the behavior of the individual;
and
(B) will testify as to facts supporting a finding that there
is probable cause to believe that the individual is in need of temporary or
regular commitment.
(c) If
after the preliminary hearing the court does not find probable cause, the
individual shall be discharged immediately.
(d) If
after the preliminary hearing the court finds probable cause to believe that
the individual is in need of temporary or regular commitment, the court shall
order the detention of the individual in an appropriate facility pending a
final hearing.
IC 12-26-3-8
Final hearing held after preliminary
hearing; testimony of examining physician; waiver
Sec. 8. (a)
If the court sets a preliminary hearing under section 6(1) of this chapter, a
final hearing shall be held not later than ten (10) days after the date of the
preliminary hearing.
(b) At the
final hearing, an individual may not be found in need of temporary or regular
commitment unless at least one (1) physician who has personally examined the
individual testifies at the hearing.
(c) The
testimony required by subsection (b) may be waived by the individual if the
waiver is voluntarily and knowingly given.
IC 12-26-3-9
Temporary or regular commitment
Sec. 9. (a)
If an individual has not previously been the subject of a commitment
proceeding, the court may only order temporary commitment.
(b) If an
individual has previously been the subject of a commitment proceeding, the
court may order a regular commitment if a longer period of treatment is
warranted.
IC
Chapter 4. Immediate Detention
IC 12-26-4-1
Law enforcement officers; authority
to apprehend and transport mentally ill individuals; charging offenses
Sec. 1. A
law enforcement officer, having reasonable grounds to believe that an
individual is mentally ill, dangerous, and in immediate need of hospitalization
and treatment, may do the following:
(1) Apprehend and transport the individual to the nearest
appropriate facility. The individual may not be transported to a state
institution.
(2) Charge the individual with an offense if applicable.
IC 12-26-4-2
Law enforcement officers; written
statement of reasonable grounds
Sec. 2. A
law enforcement officer who transports an individual to a facility under
section 1 of this chapter shall submit to the facility a written statement
containing the basis for the officer's conclusion that reasonable grounds exist
under this chapter.
IC 12-26-4-3
Law enforcement officers; written
statement of reasonable grounds; filing
Sec. 3. The
statement required by section 2 of this chapter shall be filed with both of the
following:
(1) The individual's records at the facility.
(2) The appropriate court if action relating to any charges
filed by the officer against the individual is pursued.
IC 12-26-4-4
Emergency treatment
Sec. 4. The
superintendent of the facility or a physician may furnish emergency treatment
necessary to preserve the health and safety of the individual detained.
IC 12-26-4-5
Length of detention
Sec. 5.
Except as provided in section 6 of this chapter, an individual may not be
detained under this chapter for more than twenty-four (24) hours from the time
of admission to the facility.
IC 12-26-4-6
Detaining individual for more than
twenty-four hours; emergency detention application
Sec. 6. If
the superintendent or the attending physician believes the individual should be
detained for more than twenty-four (24) hours from time of admission to the
facility, the superintendent or the physician must have an application filed
for emergency detention under IC
(1) A judge becomes available.
(2) Within seventy-two (72) hours of admission to the
facility.
IC 12-26-4-7
Discharge
Sec. 7. An
individual detained under this chapter shall be discharged if either the
attending physician or superintendent believes detention is no longer
necessary.
IC 12-26-4-8
Detention in addition to detention
under IC
Sec. 8. A
period of detention under this chapter is in addition to a period of detention
under IC
IC
Chapter 5. Emergency Detention
IC 12-26-5-1
Seventy-two hour detention; written
application; contents
Sec. 1. (a)
An individual may be detained in a facility for not more than seventy-two (72)
hours under this chapter, excluding Saturdays, Sundays, and legal holidays, if
a written application for detention is filed with the facility. The individual
may not be detained in a state institution unless the detention is instituted
by the state institution.
(b) An
application under subsection (a) must contain both of the following:
(1) A statement of the applicant's belief that the
individual is:
(A) mentally ill and either dangerous or gravely disabled;
and
(B) in need of immediate restraint.
(2) A statement by at least one (1) physician that, based on:
(A) an examination; or
(B) information given the physician;
the individual may be mentally ill and either dangerous or
gravely disabled.
IC 12-26-5-2
Judicial officer; endorsement of
application; police officer authorized to take individual into custody;
transportation to facility
Sec. 2. (a)
If a judicial officer authorized to issue a warrant for arrest in the county in
which the individual is present endorses an application made under section 1 of
this chapter, the application authorizes a police officer to take the
individual into custody and transport the individual to a facility.
(b) The
expense of transportation under this section shall be paid by the county in
which the individual is present.
IC 12-26-5-3
Examination and treatment of
detained individual
Sec. 3. An
individual detained under this chapter may be examined and given emergency
treatment necessary to do the following:
(1) Preserve the health and safety of the individual.
(2) Protect other persons and property.
IC 12-26-5-4
Determination during detention that
probable cause does not exist; report
Sec. 4. If
during a detention period under this chapter the superintendent or the
attending physician determines that there is not probable cause to believe the
individual is mentally ill and either dangerous or gravely disabled, a report
shall be made under section 5 of this chapter.
IC 12-26-5-5
Written report to court
Sec. 5.
Before the end of a detention period under this chapter, the superintendent of
the facility or the individual's attending physician shall make a written
report to the court. The report must contain both of the following:
(1) A statement that the individual has been examined.
(2) A statement whether there is probable cause
to believe that the individual:
(A) is mentally ill and either
dangerous or gravely disabled; and
(B) requires continuing care and
treatment.
IC 12-26-5-6
Written report; no probable cause;
discharge; record
Sec. 6. (a)
If a report made under section 5 of this chapter states there is not probable
cause, the individual shall be discharged from the facility.
(b) The
report shall be made part of the individual's record.
IC 12-26-5-7
Written report; probable cause;
recommendations; hearing; detention pending hearing
Sec. 7. If
a report made under section 5 of this chapter states there is probable cause,
the report shall recommend both of the following:
(1) That the court hold a hearing
to determine whether:
(A) the individual is mentally ill
and either dangerous or gravely disabled; and
(B) there is a need for continuing
involuntary detention.
(2) That the individual be detained in the facility pending
the hearing.
IC 12-26-5-8
Written report; consideration and
action by court; time
Sec. 8. The
court shall consider and act upon a report described in section 7 of this
chapter within twenty-four (24) hours of receiving the report.
IC 12-26-5-9
Written report; action by court;
release of individual; preliminary or final hearing ordered
Sec. 9. (a)
After receiving a report described in section 7 of this chapter, the court may
do any of the following:
(1) Order the individual released.
(2) Order the individual's continued detention pending a
preliminary hearing. The purpose of a hearing under this subdivision is to
determine if there is probable cause to believe that the individual is:
(A) mentally ill and either dangerous or gravely disabled;
and
(B) in need of temporary or regular commitment.
(3) Order a final hearing. The purpose of a hearing ordered
under this subdivision is to determine if the individual is:
(A) mentally ill and either dangerous or gravely disabled;
and
(B) in need of temporary or regular commitment.
(b) A
hearing ordered under subsection (a) must be held not later than two (2) days
after the order.
IC 12-26-5-10
Preliminary hearing; introduction of
physician's statement; probable cause finding; discharge; detention pending
final hearing
Sec. 10.
(a) A physician's statement may be introduced into evidence at the preliminary
hearing held under section 9(a)(2) of this chapter
without the presence of the physician.
(b) A
finding of probable cause may not be entered at a preliminary hearing unless
there is oral testimony:
(1) subject to cross-examination; and
(2) of at least one (1) witness who:
(A) has personally observed the behavior of the individual;
and
(B) will testify to facts supporting a finding that there is
probable cause to believe that the individual is in need of temporary or
regular commitment.
(c) At the
conclusion of the preliminary hearing, if the court does not find probable
cause, the individual shall be immediately discharged.
(d) If the
court finds at the conclusion of the preliminary hearing probable cause to
believe that the individual needs temporary or regular commitment, the court
shall order the detention of the individual in an appropriate facility pending
a final hearing.
IC 12-26-5-11
Final hearing; time; testimony of
examining physician; waiver; temporary or permanent commitment
Sec. 11.
(a) A final hearing required by section 10(d) of this chapter shall be held
within ten (10) days of the date of the preliminary hearing.
(b) At a
final hearing, an individual may not be found in need of temporary or regular
commitment unless at least one (1) physician who has personally examined the
individual testifies at the hearing. This testimony may be waived by the
individual if the waiver is voluntarily and knowingly given.
(c) If an
individual has not previously been the subject of a commitment proceeding, the
court may order only a temporary commitment.
(d) If an
individual has previously been the subject of a commitment proceeding, the
court may order a regular commitment if a longer period of treatment is
warranted.
IC 12-26-5-12
Determination of absence of probable
cause when individual taken into custody; transportation, care, and maintenance
costs
Sec. 12. If
it is determined that there was not probable cause to believe that an
individual was mentally ill and dangerous when taken into custody and
transported to the facility to be detained, the costs of transportation to and
care and maintenance in the facility during the period of detention shall be
paid by the county in which the individual was taken into custody.
IC
Chapter 6. Temporary Commitment
IC 12-26-6-1
Ninety-day commitment of individuals
who are mentally ill and either dangerous or gravely disabled
Sec. 1. An
individual who is alleged to be mentally ill and either dangerous or gravely
disabled may be committed to a facility for not more than ninety (90) days
under this chapter.
IC 12-26-6-2
Methods by which commitment
proceedings may be begun
Sec. 2. (a)
A commitment under this chapter may be begun by any of the following methods:
(1) Upon request of the superintendent under IC 12-26-3-5.
(2) An order of the court having jurisdiction over the
individual following emergency detention.
(3) Filing a petition with a court having jurisdiction in
the county:
(A) of residence of the individual; or
(B) where the individual may be found.
(b) A
petitioner under subsection (a)(3) must be at least
eighteen (18) years of age.
(c) A
petition under subsection (a)(3) must include a
physician's written statement stating both of the following:
(1) The physician has examined the individual within the
past thirty (30) days.
(2) The physician believes the individual is:
(A) mentally ill and either dangerous or gravely disabled;
and
(B) in need of custody, care, or treatment in an appropriate
facility.
IC 12-26-6-3
Notice of hearing
Sec. 3. (a)
Notice of a hearing under this chapter shall be given to all of the following:
(1) The individual.
(2) The petitioner.
(3) The superintendent or the chief executive officer of a
facility having care or custody of the individual.
(b) The
notice required by subsection (a) must state the time, place, and date of the
hearing.
IC 12-26-6-4
Hearing date
Sec. 4. (a)
Within three (3) days after a proceeding is begun under this chapter, the court
shall enter an order setting a hearing date.
(b) If the
proceeding was begun under section 2(a)(3) of this chapter, the hearing date
set under subsection (a) must be more than one (1) day but less than fourteen
(14) days from the date of notice.
(c) If the
proceeding was begun under section 2(a)(1) or 2(a)(2)
of this chapter, the hearing shall be held within ten (10) days after issuance
of the order.
IC 12-26-6-5
Hearing site
Sec. 5. The
court may hold the hearing at a facility or other suitable place not likely to
have a harmful effect on the individual's health or well-being.
IC 12-26-6-6
Appointment of physician;
examination of individual; report
Sec. 6. The
court may appoint a physician to do the following:
(1) Examine the individual.
(2) Report, before the hearing, the physician's opinion as
to the following:
(A) Whether the individual is mentally ill and either
dangerous or gravely disabled.
(B) Whether the individual needs temporary commitment to a
facility for diagnosis, care, and treatment.
IC 12-26-6-7
Report; dismissal of petition
Sec. 7. If
a report made under section 6 of this chapter is that the individual is not
either dangerous or gravely disabled, the court may terminate the proceedings
and dismiss the petition. Otherwise, the hearing shall proceed as scheduled or
as continued by the court.
IC 12-26-6-8
Order of commitment
Sec. 8. (a)
If, upon the completion of the hearing and consideration of the record, the
court finds that the individual is mentally ill and either dangerous or gravely
disabled, the court may order the individual to:
(1) be committed to an appropriate facility; or
(2) enter an outpatient treatment program under IC
(b) The
court's order must require that the superintendent of the facility or the
attending physician file a treatment plan with the court within fifteen (15)
days of the individual's admission to the facility under a commitment order.
(c) If the
commitment ordered under subsection (a) is to a state institution administered
by the division of mental health and addiction, the record of commitment
proceedings must include a report from a community mental health center stating
both of the following:
(1) That the community mental health center has evaluated
the individual.
(2) That commitment to a state institution administered by
the division of mental health and addiction under this chapter is appropriate.
(d) The
physician who makes the statement required by section 2(c) of this chapter may
be affiliated with the community mental health center that submits to the court
the report required by subsection (c).
(e) If the
commitment is of an adult to a research bed at Larue D. Carter Memorial
Hospital as set forth in IC 12-21-2-3, the report from a community mental
health center is not required.
(f) If a
commitment ordered under subsection (a) is to a state institution administered
by the division of disability, aging, and rehabilitative services, the record
of commitment proceedings must include a report from a service coordinator
employed by the division of disability, aging, and rehabilitative services
stating that, based on a diagnostic assessment of the individual, commitment to
a state institution administered by the division of disability, aging, and
rehabilitative services under this chapter is appropriate.
IC 12-26-6-9
Discharge before end of commitment
period; notification of court
Sec. 9. (a)
Unless the court has entered an order under IC 12-26-12-1, the superintendent
or the attending physician may discharge the individual before the end of the
commitment period if the superintendent or attending physician determines that
the individual is not mentally ill and either dangerous or gravely disabled.
(b) If an
individual is discharged under subsection (a), the superintendent or the
attending physician shall notify the court, and the court shall enter an order
terminating the commitment.
IC 12-26-6-10
Additional commitment period;
proceedings
Sec. 10.
(a) The period of commitment of an individual under this chapter may be
extended for one (1) additional period of not more than ninety (90) days
through a proceeding under this section.
(b) A
proceeding under this section must be begun before the end of the first period
of commitment.
(c) A
proceeding under this section may be begun by filing with the court a report by
the attending physician or superintendent that states that the individual
continues to be:
(1) mentally ill and either dangerous or gravely disabled;
and
(2) in need of continuing custody, care, or treatment in the
facility for an additional period of not more than ninety (90) days.
(d) Upon
receiving a report under subsection (c), the court shall set a hearing on the
report.
(e) The
hearing required by subsection (d) must be held before the end of the current
commitment period.
(f) Notice
of the hearing required by subsection (d) shall be given to the committed
individual and all other interested individuals at least five (5) days before
the hearing date.
(g) A
committed individual's rights and a petitioner's rights and hearing procedures
are the same as those provided for the first period of commitment.
(h) If at
the completion of the hearing and the consideration of the record the
individual is found to be:
(1) mentally ill and either dangerous or gravely disabled;
and
(2) in need of continuing custody, care, or treatment in the
facility;
the court
may order the individual's continuing custody, care, or treatment in the
facility for one (1) additional period of not more than ninety (90) days.
IC 12-26-6-11
Report required of facility
superintendent or attending physician before end of commitment period
Sec. 11. At
least twenty (20) days before the end of the first or second temporary
commitment period, the superintendent of the facility or the attending
physician shall make a report to the court that states all of the following:
(1) The mental condition of the individual.
(2) Whether the individual is dangerous or gravely disabled.
(3) Whether the individual needs continuing care and
treatment in a facility for a period of more than ninety (90) days.
IC
Chapter 7. Regular Commitment
IC 12-26-7-1
Application of chapter
Sec. 1.
This chapter applies to a proceeding for commitment of an individual:
(1) alleged to be mentally ill and either dangerous or
gravely disabled; and
(2) whose commitment is reasonably expected to require
custody, care, or treatment in a facility for more than ninety (90) days.
IC 12-26-7-2
Application of section; commitment
of persons apparently suffering from chronic mental illness; initiation of
proceedings; petition
Sec. 2. (a)
This section does not apply to the commitment of an individual if the
individual has previously been committed under IC
(b) A
proceeding for the commitment of an individual who appears to be suffering from
a chronic mental illness may be begun by filing with a court having
jurisdiction a written petition by any of the following:
(1) A health officer.
(2) A police officer.
(3) A friend of the individual.
(4) A relative of the individual.
(5) The spouse of the individual.
(6) A guardian of the individual.
(7) The superintendent of a facility where the individual is
present.
(8) A prosecuting attorney in accordance with IC 35-36-2-4.
(9) A prosecuting attorney or the attorney for a county
office if civil commitment proceedings are initiated under IC 31-34-19-3 or IC
31-37-18-3.
IC 12-26-7-3
Petition; physician's written
statement; reports
Sec. 3. (a)
A petition filed under section 2 of this chapter must include a physician's
written statement that states both of the following:
(1) The physician has examined the individual within the
past thirty (30) days.
(2) The physician believes that the individual is:
(A) mentally ill and either dangerous or gravely disabled;
and
(B) in need of custody, care, or treatment in a facility for
a period expected to be more than ninety (90) days.
(b) Except
as provided in subsection (d), if the commitment is to a state institution
administered by the division of mental health and addiction, the record of the
proceedings must include a report from a community mental health center stating
both of the following:
(1) The community mental health center has evaluated the
individual.
(2) Commitment to a state institution administered by the
division of mental health and addiction under this chapter is appropriate.
(c) The
physician who makes the statement required by subsection (a) may be affiliated
with the community mental health center that makes the report required by
subsection (b).
(d) If the
commitment is of an adult to a research bed at Larue D. Carter Memorial
Hospital, as set forth in IC 12-21-2-3, the report from a community mental
health center is not required.
(e) If a
commitment ordered under subsection (a) is to a state institution administered
by the division of disability, aging, and rehabilitative services, the record
of commitment proceedings must include a report from a service coordinator
employed by the division of disability, aging, and rehabilitative services
stating that, based on a diagnostic assessment of the individual, commitment to
a state institution administered by the division of disability, aging, and
rehabilitative services under this chapter is appropriate.
IC 12-26-7-4
Hearing date; rights of subject
individual; hearing procedures
Sec. 4. (a)
Upon receiving:
(1) a petition under section 2 of this chapter; or
(2) a report under IC 12-26-6-11 that recommends treatment
in a facility for more than ninety (90) days;
the court
shall enter an order setting a hearing date.
(b) If an individual is currently under a commitment order, the hearing required by subsection (a) must be held before the expiration of the current commitment period. Notice of a hearing under t