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Chapter 1. Jurisdiction and Procedure
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...
12-26-1-1.5. Persons to Receive Information and Training Concerning Involuntary Commitment - Sec. 1.5. The following shall, in consultation with the division...
12-26-1-2. Courts Having Jurisdiction of Proceedings Under Article; Exceptions - Sec. 2. Except as provided in sections 3 and 4...
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...
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...
12-26-1-5. Commitment Proceedings; Acquisition and Retention of Jurisdiction - Sec. 5. (a) If a commitment proceeding is begun under...
12-26-1-6. Conduct of Judicial Proceedings; Rules of Procedure - Sec. 6. Except as otherwise provided, a judicial proceeding under...
12-26-1-7. Computation of Time; Application of Section - Sec. 7. (a) This section does not apply in the...
12-26-1-8. Proceedings Under Ic 12-26-3-5, Ic 12-26-6, or Ic 12-26-7; Detention of Individual - Sec. 8. Upon the filing of a petition for commitment...
12-26-1-9. Appeals; Persons Entitled to Take; Manner of Taking - Sec. 9. (a) In a proceeding involving involuntary detention or...
12-26-1-10. Rules - Sec. 10. Each division shall adopt rules under IC 4-22-2...
12-26-1-11. Forms - Sec. 11. Each division shall prescribe the forms that must...
Chapter 2. Rights of Persons
12-26-2-1. Habeas Corpus - Sec. 1. This article does not limit or restrict the...
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:...
12-26-2-3. Testimony and Witnesses; Application of Section - Sec. 3. (a) This section applies under the following statutes:...
12-26-2-4. Change of Judge; Venue Not to Change; Application of Section - Sec. 4. (a) This section applies under the following statutes:...
12-26-2-5. Representation by Counsel; Appointment; Proof Required by Petitioner - Sec. 5. (a) This section applies under the following statutes:...
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,...
12-26-2-7. Child's Advocate; Immunity From Civil Liability - Sec. 7. Except for gross misconduct, if a child's advocate...
12-26-2-8. Detention or Commitment; Rights Not Affected - Sec. 8. (a) Detention or commitment of an individual under...
12-26-2-9. Refusal to Admit; Transfer to Division - Sec. 9. (a) The superintendent of a state institution may...
Chapter 3. Voluntary Treatment
12-26-3-1. Admission by Facility Superintendent or by Attending Physician - Sec. 1. The superintendent of a facility or an individual's...
12-26-3-2. Application by Parent or Legal Guardian - Sec. 2. (a) If an individual is less than eighteen...
12-26-3-3. Discharge by Facility Superintendent or by Attending Physician; Grounds - Sec. 3. The superintendent or an individual's attending physician may...
12-26-3-4. Written Request for Release; Time for Release - Sec. 4. Except as provided in section 5 of this...
12-26-3-5. Refusal to Release Individual; Grounds; Written Report to Court - Sec. 5. (a) The superintendent or the attending physician is...
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...
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...
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...
12-26-3-9. Temporary or Regular Commitment - Sec. 9. (a) If an individual has not previously been...
Chapter 4. Immediate Detention
12-26-4-1. Law Enforcement Officers; Authority to Apprehend, Transport, and Charge an Individual With a Mental Illness - Sec. 1. A law enforcement officer, having reasonable grounds to...
12-26-4-1.5. Court's Authority to Order an Individual Transported for Psychological Evaluation - Sec. 1.5. If a court has reasonable grounds to believe...
12-26-4-2. Law Enforcement Officers; Written Statement of Reasonable Grounds - Sec. 2. A law enforcement officer who transports an individual...
12-26-4-3. Law Enforcement Officers; Written Statement of Reasonable Grounds; Filing - Sec. 3. The statement required by section 2 of this...
12-26-4-4. Emergency Treatment - Sec. 4. The superintendent of the facility or a physician...
12-26-4-5. Length of Detention - Sec. 5. Except as provided in section 6 of this...
12-26-4-6. Detaining Individual for More Than 24 Hours; Emergency Detention Application - Sec. 6. If the superintendent or the attending physician believes...
12-26-4-7. Discharge - Sec. 7. An individual detained under this chapter shall be...
12-26-4-8. Detention in Addition to Detention Under Ic 12-26-5 - Sec. 8. A period of detention under this chapter is...
12-26-4-9. County Required to Pay Certain Costs if an Individual Is Determined Not to Be Mentally Ill - Sec. 9. If it is determined that there were not...
Chapter 5. Emergency Detention
12-26-5-1. 72 Hour Detention; Written Application; Contents - Sec. 1. (a) An individual may be detained in a...
12-26-5-2. Police Officer Authorized to Take Individual Into Custody; Reimbursement for Certain Nonemergency Transports - Sec. 2. (a) If a judicial officer authorized to issue...
12-26-5-3. Examination and Treatment of Detained Individual - Sec. 3. An individual detained under this chapter may be...
12-26-5-4. Determination During Detention That Probable Cause Does Not Exist; Report - Sec. 4. If during a detention period under this chapter...
12-26-5-5. Written Report to Court - Sec. 5. Before the end of a detention period under...
12-26-5-6. Written Report; No Probable Cause; Discharge; Record - Sec. 6. (a) If a report made under section 5...
12-26-5-7. Written Report; Probable Cause; Recommendations; Hearing; Detention Pending Hearing - Sec. 7. If a report made under section 5 of...
12-26-5-8. Written Report; Consideration and Action by Court; Time - Sec. 8. The court shall consider and act upon a...
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...
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...
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)...
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...
Chapter 6. Temporary Commitment
12-26-6-1. 90 Day Commitment of Individuals Who Are Mentally Ill and Either Dangerous or Gravely Disabled - Sec. 1. An individual who is alleged to be mentally...
12-26-6-2. Methods by Which Commitment Proceedings May Be Begun - Sec. 2. (a) A commitment under this chapter may be...
12-26-6-3. Notice of Hearing - Sec. 3. (a) Notice of a hearing under this chapter...
12-26-6-4. Hearing Date - Sec. 4. (a) Within three (3) days after a proceeding...
12-26-6-5. Hearing Site - Sec. 5. The court may hold the hearing at a...
12-26-6-6. Appointment of Physician; Examination of Individual; Report - Sec. 6. The court may appoint a physician to do...
12-26-6-7. Report; Dismissal of Petition - Sec. 7. If a report made under section 6 of...
12-26-6-8. Order of Commitment - Sec. 8. (a) If, upon the completion of the hearing...
12-26-6-9. Discharge Before End of Commitment Period; Notification of Court - Sec. 9. (a) Unless the court has entered an order...
12-26-6-10. Additional Commitment Period; Proceedings - Sec. 10. (a) The period of commitment of an individual...
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...
Chapter 7. Regular Commitment
12-26-7-1. Application of Chapter - Sec. 1. This chapter applies to a proceeding for commitment...
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...
12-26-7-3. Petition; Physician's Written Statement; Reports - Sec. 3. (a) A petition filed under section 2 of...
12-26-7-4. Hearing Date; Rights of Subject Individual; Hearing Procedures - Sec. 4. (a) Upon receiving: (1) a petition under section...
12-26-7-5. Finding That Individual Is Mentally Ill and Either Dangerous or Gravely Disabled; Order for Treatment; Duration of Order; Transmittal of Information to Nics - Sec. 5. (a) If at the completion of the hearing...
Chapter 8. Commitment of a Child
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...
12-26-8-2. Advocate; Officer of Juvenile Court - Sec. 2. A child's advocate is an officer of the...
12-26-8-3. Representation of Advocate by Counsel; Appointment of Counsel - Sec. 3. (a) A child's advocate may be represented by...
12-26-8-4. Commitment of Child; Review by Advocate; Assistance Provided by Facility Warden - Sec. 4. (a) Within thirty (30) days after a child...
12-26-8-5. Advocate Reviews; Report; Recipients of Report - Sec. 5. The child's advocate shall submit a report of...
12-26-8-6. Advocate; Access to Reports Relevant to Child; Confidential Reports - Sec. 6. (a) A child's advocate shall be given access...
12-26-8-7. Payment of Fees to Be Made Under Ic 31-40 - Sec. 7. Payment of any fees shall be made under...
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...
12-26-8-9. Repealed - [Pre-1992 Revision Citation: 16-14-9.1-10(i).] As added by P.L.2-1992, SEC.20. Amended...
Chapter 9. Commitment to Facilities Owned by the United States Government
12-26-9-1. Federal Department Defined - Sec. 1. As used in this chapter, "federal department" refers...
12-26-9-2. Federal Facility Defined - Sec. 2. As used in this chapter, "federal facility" refers...
12-26-9-3. Court Communications With Federal Department Concerning Availability of Federal Facilities and Individual's Eligibility for Commitment - Sec. 3. If it is determined in a proceeding under...
12-26-9-4. Commitment to Federal Facility - Sec. 4. Upon receiving information concerning availability and eligibility from...
12-26-9-5. Admission to Federal Facility; Individual Subject to Rules and Regulations of the Facility - Sec. 5. Upon admission to a federal facility, an individual...
12-26-9-6. Federal Facility Hospital Officers; Powers With Respect to Detention and Custody of Individuals - Sec. 6. The hospital officers of a federal facility have...
Chapter 10. Care Pending Admission to a Facility
12-26-10-1. Court Consultation With Facility Superintendent or Attending Physician - Sec. 1. If an individual is committed to a facility,...
12-26-10-2. Temporary Placement; Least Restrictive Suitable Facility - Sec. 2. The court may order temporary placement of the...
12-26-10-3. Confinement in County Jail - Sec. 3. An individual may not be confined in a...
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...
Chapter 11. Transfer of an Individual
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...
12-26-11-2. Declining to Admit Individual; Grounds - Sec. 2. The superintendent of a facility to which the...
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...
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...
12-26-11-4. Notice of Transfer; Persons Notified - Sec. 4. If the commitment of an individual is transferred...
12-26-11-5. Transfer to Substantially More Restrictive Environment; Administrative Hearing - Sec. 5. (a) As used in this section, "substantially more...
12-26-11-6. Petition to Set Aside Transfer - Sec. 6. An individual whose commitment is transferred under section...
Chapter 12. Notice of Discharge of an Individual
12-26-12-1. Notification That Committed Individual Will Be Discharged - Sec. 1. (a) Except as provided in subsection (c), a...
12-26-12-2. Request by Petitioner for Hearing; Notification of Superintendent - Sec. 2. (a) Within ten (10) days after receiving a...
12-26-12-3. Absence of Hearing Request Notice; Discharge of Individual - Sec. 3. If the superintendent does not receive notice of...
12-26-12-4. Receipt by Superintendent of Hearing Request Notice; Discharge of Individual - Sec. 4. If the superintendent is notified of a petition...
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...
12-26-12-6. Hearing; Evidence; Procedure; Rights of Committed Individual - Sec. 6. At the hearing: (1) the petitioner is entitled...
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...
12-26-12-8. Appointment of Guardian - Sec. 8. If the court does not order the discharge...
Chapter 13. Leave From Confinement and Discharge
12-26-13-1. Leave of Absence; Best Interest of Committed Individual - Sec. 1. The superintendent of a facility may grant a...
12-26-13-2. Discharge Notice Given to Committing Court; Record Entry by Court - Sec. 2. Upon the discharge of an individual committed under...
Chapter 14. Outpatient Therapy
12-26-14-1. Ordering Individual to Enter Outpatient Therapy Program; Findings Authorizing Order - Sec. 1. If a hearing has been held under IC...
12-26-14-2. Representation by Program Representative That Individual May Enter Program - Sec. 2. Before the court may issue an order under...
12-26-14-3. Ordering Compliance With Program - Sec. 3. The court may require an individual ordered to...
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...
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...
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...
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...
12-26-14-8. Committed Individual Placed on Outpatient Status; Compliance With Program - Sec. 8. An individual placed on outpatient status under section...
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...
12-26-14-10. Return to Facility; Hearing; Hearing Officer; Appeal to Committing Court - Sec. 10. (a) After an individual has been returned to...
Chapter 15. Review of Commitment
12-26-15-1. Annual Review; Contents; Filing With Court; Notice; Report on Individual Committed After Verdict of Not Responsible by Reason of Insanity - Sec. 1. (a) At least annually, and more often if...
12-26-15-2. Receipt by Court of Review; Options; Appointment of Guardian - Sec. 2. (a) Upon receipt of the report required by...
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...
12-26-15-4. Rights of Committed Individual; Hearing Procedures - Sec. 4. (a) The rights of a committed individual are...
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...
Chapter 16. Guardianships
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...
12-26-16-2. Application of Law Governing Guardianships - Sec. 2. A guardianship established under section 1 of this...