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.
[Pre-1992 Revision Citation: 16-14-9.1-2(b) part.]
As added by P.L.2-1992, SEC.20.
Structure Indiana Code
Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals
Chapter 3. Voluntary Treatment
12-26-3-1. Admission by Facility Superintendent or by Attending Physician
12-26-3-2. Application by Parent or Legal Guardian
12-26-3-3. Discharge by Facility Superintendent or by Attending Physician; Grounds
12-26-3-4. Written Request for Release; Time for Release
12-26-3-5. Refusal to Release Individual; Grounds; Written Report to Court
12-26-3-6. Receipt by Court of Written Report; Setting Preliminary Hearing; Ordering Final Hearing
12-26-3-8. Final Hearing Held After Preliminary Hearing; Testimony of Examining Physician; Waiver