Indiana Severe Mental Illness Information, Laws, & Helpful Resources

IND. CODE ANN. § 12-26-5-0.5. Reasonable grounds for hospitalization and treatment. (a) A law enforcement officer, having reasonable grounds to believe that an individual has a mental illness, is either dangerous or gravely disabled, and is in immediate need of hospitalization and treatment, may do one (1) or more of 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. (b) A law enforcement officer who transports an individual to a facility under subsection (a) shall submit to the facility a written statement containing the basis for the officer’s conclusion that reasonable grounds exist under this chapter. The statement 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. (c) If a court has reasonable grounds to believe that an individual: (1) has a mental illness; (2) is either dangerous or gravely disabled; and (3) is in immediate need of hospitalization and treatment; the court may order the individual to be detained at the nearest appropriate facility for a preliminary medical and psychological evaluation. The individual may not be transported to a state institution. (d) An individual detained under this section shall be discharged if the superintendent of the facility or the physician believes detention is no longer necessary. As soon as practicable after discharge, the facility shall notify the court that ordered the detention that the individual has been discharged. (e) The superintendent of the facility or a physician, an advanced practice registered nurse, or a physician assistant may furnish emergency treatment to an individual transported to a facility under this section that is necessary to: (1) preserve the health and safety of the individual detained; and (2) protect other persons and property. (f) If clinically appropriate, a physician may authorize and begin a mental health or substance use disorder treatment plan using accepted clinical care guidelines, including medication, for an individual detained under this chapter. IND. CODE ANN. § 12-26-5-1 (a) Except as otherwise provided in this chapter, 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 a court of competent jurisdiction in accordance with this section. (b) An individual may be detained in a facility for not more than forty-eight (48) hours from the time of admission, excluding Saturdays, Sundays, and legal holidays, unless the facility files an application for detention, on a form prepared by the office of judicial administration, with a court of competent jurisdiction within the forty-eight (48) hour period. If the facility timely files an application for detention, the individual may be detained for not more than seventy-two (72) hours from the time of admission, excluding Saturdays, Sundays, and legal holidays, unless the court approves the application for detention. If the court approves the application for detention, the individual may be held for not more than fourteen (14) days, from the time of admission, excluding Saturdays, Sundays, and legal holidays, pending a final hearing under section 11 [IC 12-26-5-11] of this chapter. If a patient is admitted to a facility after midnight and before 8:00 a.m., the time periods described in this subsection begin to run at 8:00 a.m. (c) An application for detention under subsection (b) must contain an attestation signed by a physician that the individual has been examined by a physician, an advanced practice registered nurse, or a physician assistant, and that based on this examination, or based on other information provided to the physician, advanced practice registered nurse, or physician assistant, the applicant believes that there is probable cause to believe that: (1) the individual is mentally ill and either dangerous or gravely disabled; and (2) the individual requires continuing involuntary detention to receive care and treatment. (d) A facility may not be required to first seek transfer of the individual to a psychiatric hospital before commencing an application for detention. (e) A facility may commence an application for detention even if an individual was not apprehended and transported to a facility under section 0.5 [IC 12-26-5-0.5] of this chapter.

IND. CODE ANN. § 12-26-6-2 (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: (A) having jurisdiction over the individual following emergency detention; or (B) referring an individual: (i) following a hearing under IC 35-47-14-6; and (ii) after a physicians written statement has been filed setting forth the requirements described in subsections (c)(1) and (c)(2) of this section. (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. IND. CODE ANN. § 12-26-7-2(b). A proceeding [for “regular commitment” of more than 90 days] 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. (10) A third party that contracts with the division of mental health and addiction to provide competency restoration services to a defendant under IC 35-36-3-3 or IC 35-36-3-4. IND. CODE ANN. § 12-26-6-8 (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 12-26-14 for a period of not more than ninety (90) days. IND. CODE ANN. § 12-26-7-5 (a) If at the completion of the hearing and the consideration of the record an individual is found to be mentally ill and either dangerous or gravely disabled, the court may enter either of the following orders: (1) For the individual’s custody, care, or treatment, or continued custody, care, or treatment in an appropriate facility. (2) For the individual to enter an outpatient therapy program under IC 12-26-14. (b) An order entered under subsection (a) continues until any of the following occurs: (1) The individual has been: (A) discharged from the facility; or (B) released from the therapy program. (2) The court enters an order: (A) terminating the commitment; or (B) releasing the individual from the therapy program. (c) If the court makes a finding under subsection (a), the court shall transmit any information required by the office of judicial administration to the office of judicial administration for transmission to the NICS (as defined in IC 35-47-2.5-2.5) in accordance with IC 33-24-6-3. IND. CODE ANN. § 12-7-2-53 (a) Except as provided in subsection (b), “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. (b) “Dangerous”, for purposes of IC 12-26-5, means a condition in which an individual presents a substantial risk that the individual will harm the individual or others. IND. CODE ANN. § 12-7-2-96. “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.

(In addition to the above) IND. CODE ANN. § 12-26-14-1. If a hearing has been held … and the court finds that the individual is: (1) Mentally ill and either dangerous or gravely disabled; (2) Likely to benefit from an outpatient therapy program that is designed to decrease the individual's dangerousness or disability; (3) Not likely to be either dangerous or gravely disabled if the individual complies with the therapy program; and (4) Recommended for an outpatient therapy program by the individual's examining physician; the court may order the individual to enter a therapy program as an outpatient.