CHAPTER 1. JURISDICTION AND PROCEDURE
IC 12-26
ARTICLE 26. VOLUNTARY AND INVOLUNTARYTREATMENT OF MENTALLY ILL INDIVIDUALS
IC 12-26-1
Chapter 1. Jurisdiction and Procedure
IC 12-26-1-1
Statutes under which mentally ill and either dangerous or gravelydisabled may be involuntarily detained or committed
Sec. 1. An individual who is mentally ill and either dangerous orgravely disabled may be involuntarily detained or committed underany of the following statutes:
(1) IC 12-26-4 (immediate detention).
(2) IC 12-26-5 (emergency detention).
(3) IC 12-26-6 (temporary commitment).
(4) IC 12-26-7 (regular commitment).
As added by P.L.2-1992, SEC.20.
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, thefollowing Indiana courts have jurisdiction over a proceeding underthis article:
(1) A court having probate jurisdiction.
(2) A superior court in a county in which the circuit court hasexclusive probate jurisdiction.
(3) A mental health division of a superior court to the extent themental health division has jurisdiction under IC 33-33-49-9.
As added by P.L.2-1992, SEC.20. Amended by P.L.16-1995, SEC.4;P.L.98-2004, SEC.94.
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 ahearing required to be held by IC 35-36-2-4. The court retainsjurisdiction over the individual held under IC 35-36-2-4 until thecompletion of the commitment hearing. After completion of thecommitment hearing, jurisdiction is transferred to a court havingjurisdiction under section 2 of this chapter and all subsequentpetitions or motions shall be filed with the court to which theproceeding is transferred. The file of the commitment hearing alsoshall be transferred from the committing court to the court havingprobate jurisdiction.
As added by P.L.2-1992, SEC.20.
IC 12-26-1-4
Juvenile court; placement only in child caring institutions; transferof 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 achild under this article in a facility other than a child caringinstitution. If the juvenile court determines that commitment ortemporary placement of a child in another facility is necessary, thejuvenile court shall transfer the proceeding to a court having probatejurisdiction.
As added by P.L.2-1992, SEC.20.
IC 12-26-1-5
Commitment proceedings; acquisition and retention of jurisdiction
Sec. 5. (a) If a commitment proceeding is begun underIC 12-26-3-5, IC 12-26-6-2(a)(1), or IC 12-26-6-2(a)(3), the courtacquires jurisdiction over the individual alleged to have a mentalillness by service of summons on the individual according to theIndiana Rules of Trial Procedure or by entry of an appearance by theindividual.
(b) If an individual is being held under IC 12-26-6-2(a)(2), thecourt retains jurisdiction over the individual by the court's order forcontinued detention.
As added by P.L.2-1992, SEC.20. Amended by P.L.99-2007,SEC.122.
IC 12-26-1-6
Conduct of judicial proceedings; rules of procedure
Sec. 6. Except as otherwise provided, a judicial proceeding underthis article shall be conducted as other civil proceedings accordingto the Indiana Rules of Trial Procedure.
As added by P.L.2-1992, SEC.20.
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 12-26-4.
(2) IC 12-26-11.
(3) IC 12-26-12.
(b) This section does not apply to computation of a period duringwhich an individual may be detained under this article.
(c) In computing time under this article, Saturdays, Sundays, andlegal holidays are not included in the computation if the timeprescribed is less than fourteen (14) days.
As added by P.L.2-1992, SEC.20.
IC 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 underIC 12-26-6 or IC 12-26-7 or the filing of a report under IC 12-26-3-5,the individual may be detained in an appropriate facility:
(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.
As added by P.L.2-1992, SEC.20.
IC 12-26-1-9
Appeals; persons entitled to take; manner of taking
Sec. 9. (a) In a proceeding involving involuntary detention orcommitment under this article, appeals from the final orders orjudgments of the court of original jurisdiction may be taken by anyof 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 civilcase according to the Indiana Rules of Trial and AppellateProcedure.
As added by P.L.2-1992, SEC.20.
IC 12-26-1-10
Rules
Sec. 10. Each division shall adopt rules under IC 4-22-2 toadminister this article.
As added by P.L.2-1992, SEC.20.
IC 12-26-1-11
Forms
Sec. 11. Each division shall prescribe the forms that must be usedto administer this article.
As added by P.L.2-1992, SEC.20.