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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 this subsection shall be given to the
individual and all other interested persons at least five (5) days before the
hearing date.
(c) The
rights of an individual who is the subject of a proceeding under this chapter
and of a petitioner are the same as provided in IC
(d) Hearing
procedures are the same as those provided in IC
IC 12-26-7-5
Finding that individual is mentally
ill and either dangerous or gravely disabled; order for treatment; duration of
order
Sec. 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
(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.
IC
Chapter 8. Commitment of a Child
IC 12-26-8-1
Appointment of advocate or guardian;
persons authorized to be appointed as advocate; representation and protection
of child's best interests
Sec. 1. (a)
A juvenile court that conducts a proceeding under this article shall appoint a
court appointed special advocate, a guardian ad litem, or both for the child
before the court begins a proceeding under this article.
(b) An
advocate is not required to be an attorney.
(c) An
attorney representing the child may be appointed as the child's advocate.
(d) The
court may not appoint any of the following to be a child's advocate:
(1) A party to the proceeding.
(2) An employee of a party to the proceeding.
(3) A representative of a party to the proceeding.
(e) An
advocate shall represent and protect the best interests of the child.
IC 12-26-8-2
Advocate; officer of juvenile court
Sec. 2. A
child's advocate is an officer of the juvenile court for the purpose of
representing the child's interests.
IC 12-26-8-3
Representation of advocate by
counsel; appointment of counsel
Sec. 3. (a)
A child's advocate may be represented by an attorney.
(b) If
necessary to protect the child's interests, the juvenile court may appoint an
attorney to represent an advocate of a child. The court may appoint only one
(1) attorney under this subsection.
IC 12-26-8-4
Commitment of child; review by
advocate; assistance provided by facility superintendent
Sec. 4. (a)
Within thirty (30) days after a child is first committed to a facility by a
juvenile court, the child's advocate shall do all of the following:
(1) Visit the facility.
(2) Evaluate the services delivered to the child.
(3) Evaluate whether the commitment continues to be
appropriate for the child.
(b) The
child's advocate shall conduct a review similar to that required under
subsection (a):
(1) sixty (60) days after the child is first committed;
(2) six (6) months after the child is first committed; and
(3) every six (6) months after the review required by
subdivision (2).
(c) The
superintendent of the facility shall provide necessary assistance to carry out
the reviews required by this section.
IC 12-26-8-5
Advocate reviews; report; recipients
of report
Sec. 5. The
child's advocate shall submit a report of each review required by section 4 of
this chapter to all of the following:
(1) The committing juvenile court.
(2) The superintendent of the facility.
(3) A county office that has wardship
of the child.
(4) Each party to the commitment proceeding.
IC 12-26-8-6
Advocate; access to reports relevant
to child; confidential reports
Sec. 6. (a)
A child's advocate shall be given access to all reports relevant to the child.
(b) IC
31-39-2 applies to the release of reports that are confidential under IC
31-39-1.
IC 12-26-8-7
Payment of fees to be made under IC
31-6-4-18
Sec. 7.
Payment of any fees shall be made under IC 31-40.
IC 12-26-8-8
Obligations of county offices to
children under custody or supervision committed to state institutions
Sec. 8. If
a child under the custody or supervision of a county office is committed to a
state institution, the court may not release the county office from the county
office's obligations to the child unless the court appoints a guardian for the
child under IC
IC 12-26-8-9
Progress reports; case reviews
Sec. 9. A
juvenile court that commits a child under this article shall require the county
office or the probation department for the court to report to the court on the
progress made in implementing the commitment at least every six (6) months. If
the committed child is a child in need of services, the county office shall
perform case reviews of the child's commitment under IC 31-34-21.
IC
Chapter 10. Care Pending Admission
to a Facility
IC 12-26-10-1
Court consultation with facility
superintendent or attending physician
Sec. 1. If
an individual is committed to a facility, the court shall consult with the
superintendent or the attending physician concerning the method of caring for
the individual pending admission to the facility.
IC 12-26-10-2
Temporary placement; least
restrictive suitable facility
Sec. 2. The
court may order temporary placement of the individual in the least restrictive
suitable facility pending admission to a facility.
IC 12-26-10-3
Confinement in county jail
Sec. 3. An
individual may not be confined in a county jail unless all the following apply:
(1) The individual is found to be dangerous and violent.
(2) There is no other suitable facility available pending
admission to a facility.
(3) The court so orders.
IC 12-26-10-4
Order that assistance be furnished
and paid for out of county general fund
Sec. 4. If
the comfort and the care of an individual are not otherwise provided:
(1) from the individual's estate;
(2) by the individual's relatives or friends; or
(3) through financial assistance from the division of family
and children or a county office;
the court
may order the assistance furnished and paid for out of the general fund of the
county.
Chapter 11. Transfer of an
Individual
IC 12-26-11-1
Transfers; facilities to which
transfers may be made; best interest of individual transferred or other
patients
Sec. 1. The
superintendent of a facility to which an individual was committed under IC
(1) a state institution;
(2) a community mental health center;
(3) a community mental retardation and other developmental
disabilities center;
(4) a federal facility;
(5) a psychiatric unit of a hospital licensed under IC
16-21;
(6) a private psychiatric facility licensed under IC 12-25;
(7) a community residential program for the developmentally
disabled described in IC 12-11-1.1-1(e)(1) or IC
12-11-1.1-1(e)(2); or
(8) an intermediate care facility for the mentally retarded
(ICF/MR) that is licensed under IC 16-28 and is not owned by the state;
if the
transfer is likely to be in the best interest of the individual or other
patients.
IC 12-26-11-2
Declining to admit individual;
grounds
Sec. 2. The
superintendent of a facility to which the commitment of an individual is to be
transferred may decline to admit the individual if the superintendent
determines that adequate space, treatment staff, or treatment facilities
appropriate to the needs of the individual are not available.
IC 12-26-11-3
Medical and treatment records;
providing copies to facilities to which individuals transferred
Sec. 3. If
an individual is transferred under section 1 of this chapter, the transferring
facility shall provide a copy of the individual's current medical and treatment
records to the facility to which the commitment of the individual is
transferred.
IC 12-26-11-3.5
Transfer from state institution to nonstate community or facility; planning and facilitating
transition
Sec. 3.5.
If an individual is transferred under section 1 of this chapter from a state
institution administered by the division of mental health and addiction, the
gatekeeper for the individual shall facilitate and plan, together with the
individual and state institution, the individual's transition to the community
or to another facility if the facility is not a state institution administered
by the division of mental health and addiction.
IC 12-26-11-4
Notice of transfer; persons notified
Sec. 4. If
the commitment of an individual is transferred to another facility under
section 1 of this chapter, the transferring facility shall give written notice
to each of the following:
(1) The individual's legal guardian.
(2) The individual's parents.
(3) The individual's spouse.
(4) The individual's attorney, if any.
IC 12-26-11-5
Transfer to substantially more
restrictive environment; administrative hearing
Sec. 5. (a)
As used in this section, "substantially more restrictive environment"
means another facility or that part of a facility that is designated as the
place providing maximum security for patients.
(b) If the
transfer of the commitment of an individual is to a substantially more
restrictive environment, the transferring facility shall provide the individual
with an opportunity for an administrative hearing within ten (10) days after
the transfer.
IC 12-26-11-6
Petition to set aside transfer
Sec. 6. An
individual whose commitment is transferred under section 1 of this chapter may,
within thirty (30) days after the transfer, petition the committing court for
an order setting aside the transfer and ordering the individual and the
individual's medical and treatment records returned to the facility to which
the court originally committed the individual.
IC
Chapter 12. Notice of Discharge of
an Individual
IC 12-26-12-1
Notification that committed
individual will be discharged
Sec. 1. (a)
Except as provided in subsection (c), a court that orders a commitment may
order the superintendent to notify the petitioner in the commitment proceeding
and other person designated by the court that the committed individual will be
discharged.
(b) The
notice required under subsection (a) shall be given to the petitioner and other
person designated by the court at least twenty (20) days before the end of the
commitment period.
(c) A court
may not order the director of a community mental health center or a managed
care provider to notify the person who filed a petition with respect to an
individual committed to the community mental health center or the managed care
provider.
IC 12-26-12-2
Request by petitioner for hearing;
notification of superintendent
Sec. 2. (a)
Within ten (10) days after receiving a notice under section 1 of this chapter,
the petitioner may file a petition with the court that ordered the committed
individual's commitment requesting a hearing to determine whether the
individual should be discharged.
(b) The
petitioner must notify the superintendent of a petition filed with the court
under subsection (a).
IC 12-26-12-3
Absence of hearing request notice;
discharge of individual
Sec. 3. If
the superintendent does not receive notice of a request for a hearing within
ten (10) days after notice was given under section 2 of this chapter, the
committed individual shall be discharged unless the superintendent determines
that the individual is mentally ill and either dangerous or gravely disabled.
IC 12-26-12-4
Receipt by superintendent of hearing
request notice; discharge of individual
Sec. 4. If
the superintendent is notified of a petition under section 2 of this chapter,
the committed individual may not be discharged except as provided in this
chapter.
IC 12-26-12-5
Petition; hearing date; failure to
hold timely hearing; discharge of individual
Sec. 5. (a)
If the court receives a petition under section 2 of this chapter, the court
shall set a hearing date.
(b) The
hearing date set under subsection (a) must be within twenty (20) days after the
petition is filed.
(c) If a
hearing is not held within twenty (20) days of the filing of the petition, the
committed individual shall be discharged unless either of the following apply:
(1) The individual agrees to a continuance.
(2) The superintendent determines that the individual is
mentally ill and either dangerous or gravely disabled.
IC 12-26-12-6
Hearing; evidence; procedure; rights
of committed individual
Sec. 6. At
the hearing:
(1) the petitioner is entitled to present evidence
concerning the committed individual's mental or physical condition;
(2) the procedure is the same as provided in IC
(3) the committed individual's rights are the same as
provided in IC
IC 12-26-12-7
Finding that individual is not
mentally ill and either dangerous or gravely disabled; discharge
Sec. 7. The
court shall order the discharge of a committed individual and terminate the
commitment if the court finds that the individual is not mentally ill and
either dangerous or gravely disabled.
12-26-12-8
Appointment of guardian
Sec. 8. If
the court does not order the discharge of the committed individual under
section 7 of this chapter, the court may appoint a guardian to provide for the
individual's continued care.
IC
Chapter 13. Leave from Confinement
and Discharge
IC 12-26-13-1
Leave of absence; best interest of
committed individual
Sec. 1. The
superintendent of a facility may grant a committed individual a leave of
absence from confinement in the facility for a period designated by the
superintendent if the superintendent or an attending physician determines that
the leave of absence is in the best interest of the individual.
IC 12-26-13-2
Discharge notice given to committing
court; record entry by court
Sec. 2.
Upon the discharge of an individual committed under this article, the superintendent
of the facility shall notify the committing court of the date of the discharge.
The court shall make an entry on the record indicating the date of discharge.
IC 12-26-14
Chapter 14. Outpatient Therapy
IC 12-26-14-1
Ordering individual to enter outpatient therapy program; findings
authorizing order
Sec. 1. If a hearing has
been held under IC
(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.
IC 12-26-14-2
Representation by program representative that individual may enter program
Sec. 2. Before the court may issue an order under section 1 of this
chapter, a representative of an outpatient therapy program approved by the
court must represent to the court that the individual may enter that program
immediately.
IC 12-26-14-3
Ordering compliance with program
Sec. 3. The court may require an
individual ordered to enter an outpatient therapy program under section 1 of
this chapter to do the following:
(1) Follow the therapy program the
individual enters.
(2) Attend each medical and psychiatric appointment made for the individual.
(3) Reside at a location determined by the court.
(4) Comply with other conditions determined by the court.
IC 12-26-14-4
Reasonable belief that individual has failed to comply with program; notice
to court; transfer from outpatient program; transfer to sub-acute stabilization
program; jail or prison
Sec. 4. (a) If a staff member of a program involved in the treatment,
supervision, or care of an individual ordered to enter an outpatient therapy
program under section 1 of this chapter has reason to believe that the
individual has failed to comply with the requirements of section 3 of this
chapter, the staff member shall immediately notify the court of the failure to
comply.
(b) Except as provided in subsection
(c), the individual may be transferred from the outpatient therapy program to
one (1) of the following:
(1) The inpatient unit of the
facility that has the original commitment.
(2) A supervised group living
program (as defined in IC 12-22-2-3(2)).
(3) A sub-acute stabilization
facility.
(c) The individual may not be
transferred to a supervised group living program or a sub-acute stabilization
facility unless in the opinion of the individual's attending physician:
(1) it is not necessary for the
individual to receive acute care inpatient treatment; and
(2) the individual is in need of
either a supervised group living program or a sub-acute stabilization facility.
(d) The individual may not be
imprisoned or confined in a jail or correctional facility unless the individual
has been placed under arrest.
(e) A facility to which an
individual is transferred under subsection (b) shall immediately notify the
court of the transfer. A transfer to a facility under subsection (b) is subject
to review under section 6 of this chapter upon petition by the individual who
was transferred.
IC 12-26-14-5
Noncompliance notification; reopening commitment proceeding; review of
transfer to sub-acute stabilization program
Sec. 5. (a) Upon receiving
notification under section 4 of this chapter, the court shall reopen the original
commitment proceeding and determine whether the:
(1) individual:
(A) has failed to comply with the requirements of section 3 of this
chapter;
(B) is mentally ill and either dangerous or gravely disabled; and
(C) should be committed to a facility under this article; or
(2) individual should continue to be
maintained on an outpatient commitment, subject to an additional court order
that:
(A) requires a law enforcement
officer to apprehend and transport the individual to a facility for treatment;
and
(B) applies:
(i) after
notification to the court by the facility or provider responsible for the
individual's commitment; and
(ii) whenever the individual fails
to attend a scheduled outpatient appointment or fails to comply with a
condition of the outpatient commitment.
(b) If the court receives notice of
a transfer under section 4(e) of this chapter, the court may conduct a review
to determine the validity of the transfer.
IC 12-26-14-6
Order to enter therapy; review of order and release from program; intervals
and conditions
Sec. 6. If an individual is ordered
to enter a therapy program under section 1 of this chapter, the individual is
entitled to review of the order and release from the program at the same
intervals and under the same conditions as an individual committed under:
(1) IC
(2) IC
IC 12-26-14-7
Committed individuals; placement on outpatient status for remainder of
commitment period
Sec. 7. If an individual:
(1) has been committed under
IC
(2) is likely to benefit from a
therapy program designed to decrease the individual's
dangerousness or grave disability;
(3) is not likely to be either dangerous or gravely disabled if the individual
continues to follow the therapy program; and
(4) is recommended for an outpatient
therapy program by the individual's attending or examining physician;
the superintendent of the facility
in which the individual is committed or the court at the time of commitment may
place the individual on outpatient status for the remainder of the individual's
commitment period, subject to the conditions of outpatient therapy programs
under section 8 of this chapter.
IC 12-26-14-8
Committed individual placed on outpatient status; compliance with program
Sec. 8. An individual placed on
outpatient status under section 7 of this chapter may be required to do the
following:
(1) Follow the therapy program
designed by the facility in which the individual has been placed.
(2) Attend any medical or
psychiatric appointments made for the individual with respect to the
individual's psychiatric condition.
(3) Reside at a place designated by
the superintendent.
IC 12-26-14-9
Failure to comply with program; return to facility or transfer to
sub-acute stabilization program
Sec. 9. If the individual's
attending or examining physician determines that the individual has failed to
comply with the requirements under section 8 of this chapter and is likely to
be dangerous or gravely disabled, the individual:
(1) may, in accordance with IC
(2) may be transferred to a short
term sub-acute stabilization treatment program under this chapter.
IC 12-26-14-10
Return to facility; hearing; hearing officer; appeal to committing court
Sec. 10. (a) After an individual has
been returned to the facility to which the individual is committed under this
article, the director shall conduct a hearing under IC 4-21.5-3 to
determine whether:
(1) the individual has failed to
comply with the requirements described in section 8 of this chapter;
(2) the individual is in need of
inpatient treatment; and
(3) the individual's outpatient
status should be revoked.
(b) A hearing required by subsection
(a) may be conducted by a hearing officer appointed by the director.
(c) An individual may appeal under
IC 4-21.5-5 a determination of the hearing officer by filing a petition
with the court that committed the individual under IC
IC
Chapter 15. Review of Commitment
IC 12-26-15-1
Annual review; contents; filing with court; notice
Sec. 1. (a) At least annually, and
more often if directed by the court, the superintendent of the facility or the
attending physician including the superintendent or attending physician of an
outpatient therapy program, shall file with the court a review of the
individual's care and treatment. The review must contain a statement of the
following:
(1) The mental condition of the
individual.
(2) Whether the individual is
dangerous or gravely disabled.
(3) Whether the individual:
(A) needs to remain in the facility;
or
(B) may be cared for under a
guardianship.
(b) If the court has entered an
order under IC 12-26-12-1, the superintendent or the attending physician
shall give notice of the review to the petitioner in the individual's
commitment proceeding and other persons that were designated by the court under
IC 12-26-12-1.
IC 12-26-15-2
Receipt by court of review; options; appointment of guardian
Sec. 2. (a) Upon receipt of the
report required by section 1 of this chapter, the court shall do one (1) of the
following:
(1) Order the individual's continued
custody, care, and treatment in the appropriate facility or therapy program.
(2) Terminate the commitment or
release the individual from the therapy program.
(3) Conduct a hearing under IC
(b) The court may, in order to make
provision for the individual's continued care, appoint a guardian for the
individual.
IC 12-26-15-3
Requesting hearing for review or dismissal of commitment or order; frequency
of commitment reviews; hearing date
Sec. 3. (a) Upon receiving a copy of
the court order, the individual or the individual's representative may request
a hearing for review or dismissal of the commitment or order concerning the
therapy program. The right to review of the regular commitment or therapy order
is limited to one (1) review each year, unless the
court determines that there is good cause for an additional review.
(b) When a hearing request is
received, the court shall set a hearing date and provide at least five (5) days
notice to all of the following:
(1) The individual.
(2) The individual's counsel.
(3) Other interested parties.
Rights of committed individual;
hearing procedures
Sec. 4. (a) The rights of a
committed individual are the same as those provided in IC
(b) Hearing procedures for a hearing under this chapter are the same as those
provided in IC
IC 12-26-15-5
Discharge before end of commitment period or court ordered therapy program
period; notice to court of discharge or release from therapy program
Sec. 5. (a) Unless the court has
entered an order under IC
(1) The superintendent or the
attending physician determines that the individual is not mentally ill and
either dangerous or gravely disabled.
(2) The superintendent determines,
with the written consent of the attending physician, that the individual will
enter a facility that provides more appropriate care and treatment immediately
following the individual's discharge.
(b) If an individual is discharged
or released from a therapy program under this section, the superintendent or
the attending physician shall notify the court. The court shall enter an order
terminating the commitment or releasing the individual from the therapy
program.
IC
Chapter 16. Guardianships
IC 12-26-16-1
Request by subject individual or other interested party; establishing
guardianship instead of making commitment
Sec. 1. At the request of the
individual who is the subject of a proceeding under this article or another
interested party, the court may establish a guardianship for the individual or
the individual's property instead of making or continuing a regular commitment
to a facility under IC
IC 12-26-16-2
Application of law governing guardianships
Sec. 2. A guardianship established
under section 1 of this chapter shall be established under the applicable
ARTICLE 27. RIGHTS OF
INDIVIDUALS BEING TREATED FOR MENTAL ILLNESS OR DEVELOPMENTAL DISABILITIES
IC
Chapter 2. Rights of Patients
IC 12-27-2-1
Professional and appropriate services or training; humane care; religious
practice; consultation with legal counsel and private practitioners
Sec. 1. Subject to section 2 of this
chapter, a patient is entitled to all of the following:
(1) Mental health services or
developmental training:
(A) in accordance with standards of
professional practice;
(B) appropriate to the patient's
needs; and
(C) designed to afford a reasonable
opportunity to improve the patient's condition.
(2) Humane care and protection from
harm.
(3) The right to practice the
patient's religion.
(4) Contact and consultation with
legal counsel and private practitioners of the patient's choice at the patient's
expense.
IC 12-27-2-2
Limitations; no known effective treatment or training; services or training
not likely to produce significant improvement
Sec. 2. (a) The rights set forth in
section 1 of this chapter are subject to the limitation that there may be
certain conditions for which there is no known effective treatment or
developmental training.
(b) A service provider is not
required to afford mental health services or developmental training where
treatment would not be likely to produce a significant improvement.
IC 12-27-2-3
Exercise of constitutional, statutory, and civil rights; rights denied or
limited by adjudication or finding of mental incompetency; voidable
acts not validated
Sec. 3. (a) A patient is entitled to
exercise the patient's constitutional, statutory, and civil rights except for
those rights that have been denied or limited by an adjudication or finding of
mental incompetency in a guardianship or other civil proceeding.
(b) This section does not validate
the otherwise voidable act of an individual who was:
(1) mentally incompetent at the time
of the act; and
(2) not judicially declared to be
mentally incompetent.
IC
Chapter 3. Conditional Rights of Patients in Residential Settings
IC 12-27-3-1
Reasonable means of communication defined
Sec. 1. As used in this chapter, "reasonable means of
communication" includes the following rights:
(1) To be visited at reasonable times.
(2) To send and receive sealed mail.
(3) To have access to a reasonable amount of letter writing materials
and postage.
(4) To place and receive telephone calls at the patient's own expense.
IC 12-27-3-2
Rights additional to those recognized in IC
Sec. 2. The rights described in this chapter are in addition to the
rights recognized in IC
IC 12-27-3-3
Conditional rights
Sec. 3. Subject to section 4 of this chapter, a patient receiving services
or training in a residential setting is conditionally entitled to do all of the
following:
(1) Wear the individual's own clothes.
(2) Keep and use personal possessions.
(3) Keep and spend a reasonable amount of the individual's own money.
(4) Have access to individual storage space for private use.
(5) Maintain reasonable means of communication with persons outside the
facility.
IC 12-27-3-4
Denial or limitation of rights
Sec. 4. The conditional rights recognized in this chapter may be denied
or limited as follows:
(1) In the circumstances and according to the procedures established by
rules of the appropriate division.
(2) Because of inconsistency with the design of a treatment or
habilitation program if the program design has been
approved by the division.
(3) On an individual basis, only for good cause as set forth in the
individual treatment record and approved by the person primarily responsible
for the patient's care and treatment.
Notice of denial or limitation of rights
Sec. 5. The service provider shall give notice of denial or limitation
of rights under section 4 of this chapter to the following:
(1) The patient.
(2) The guardian or appointed advocate of the patient.
IC
Chapter 4. Seclusion and Restraint of Patients
IC 12-27-4-1
Cases in which seclusion or restraint may be used
Sec. 1. A service provider may use seclusion or restraint of a patient
only in the following cases:
(1) When necessary to prevent danger of abuse or injury to the patient
or others.
(2) As a measure of therapeutic treatment.
IC 12-27-4-2
Recording instances of and reasons for use of seclusion or restraint
Sec. 2. A service provider shall record all instances of restraint or
seclusion and detailed reasons for the restraint or seclusion in the patient's
habilitation or treatment record.
IC 12-27-4-3
Observation of restrained or secluded patient; recording
Sec. 3. A service provider shall do the following:
(1) Frequently observe a patient who is restrained or secluded.
(2) Enter written notification of the observation in the patient's
treatment or habilitation record.
IC
Chapter 5. Refusal of Treatment
IC 12-27-5-1
Voluntary patients; rights to refuse treatment
Sec. 1. An adult voluntary patient who is not adjudicated mentally
incompetent may refuse to submit to treatment or a habilitation program.
IC 12-27-5-2
Involuntary patients; petitioning committing court or hearing officer
Sec. 2. (a) An involuntary patient who wants to refuse to submit to
treatment or a habilitation program may petition the committing court or
hearing officer for consideration of the treatment or program.
(b) In the absence of a petition made under subsection (a), the service
provider may proceed with the proposed treatment or habilitation program.
IC
Chapter 6. Information Concerning Rights
of Patients
IC 12-27-6-1
Patient access to information respecting patient rights
Sec. 1. The administrative head of a facility subject to this article shall
ensure that each patient in the service provider's care has access to the
information contained in this article respecting the patient's rights.
IC 12-27-6-2
Information required to be given patients
Sec. 2. A service provider shall inform all patients of the following:
(1) The nature of the treatment or habilitation program proposed.
(2) The known effects of receiving and of not receiving the treatment or
habilitation.
(3) Alternative treatments or habilitation programs, if any.
IC 12-27-6-3
Adult voluntary patients; right to refuse treatment or habilitation;
involuntary patients; right to petition for consideration
Sec. 3. (a) A service provider shall inform all adult voluntary patients
who are not adjudicated mentally incompetent of the right to refuse to submit
to treatment or a habilitation program.
(b) A service provider shall inform all involuntary patients, verbally
and in writing, of the right to petition the committing court or hearing
officer for consideration of the treatment or program.
IC
Chapter 7. Waiver of Rights
IC 12-27-7-1
Voluntary and knowing waiver
Sec. 1. A patient may waive any of the rights enumerated in this article
if the waiver is given voluntarily and knowingly.
IC 12-27-7-2
Admission to program; waiver not condition
Sec. 2. A waiver made under section 1 of this chapter may be withdrawn
at any time.
IC 12-27-7-3
Withdrawal of waiver
Sec. 3. Admission to a treatment or habilitation program may not be
conditioned upon the giving of a waiver under section 1 of this chapter.
IC
Chapter 8. Remedies
IC 12-27-8-1
Remedy for violations
Sec. 1. A violation of rights recognized by this article may be remedied
under this chapter.
IC 12-27-8-2
Action; court having jurisdiction; money damages for willful or wanton
violations
Sec. 2. (a) An individual whose rights were violated or a person
authorized by statute to act on the individual's behalf may bring an action.
(b) An action under this section shall be brought in a court that has
jurisdiction.
(c) In an action under this section, money damages may be awarded only
for willful or wanton violation of the rights recognized by this article.
IC 12-27-8-3
Administrative remedies
Sec. 3. A violation of rights recognized by this article may be remedied
by an appropriate administrative action, including the following:
(1) Disciplinary action against an employee.
(2) Withdrawal of certification, license, or funding of a service
provider.
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