CHAPTER 12. NOTICE OF DISCHARGE OF AN INDIVIDUAL

IC 12-26-12
    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 ordersa commitment may order the superintendent to notify the petitionerin the commitment proceeding and other person designated by thecourt that the committed individual will be discharged.
    (b) The notice required under subsection (a) shall be given to thepetitioner 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 mentalhealth center or a managed care provider to notify the person whofiled a petition with respect to an individual committed to thecommunity mental health center or the managed care provider.
As added by P.L.2-1992, SEC.20. Amended by P.L.40-1994, SEC.60.

IC 12-26-12-2
Request by petitioner for hearing; notification of superintendent
    Sec. 2. (a) Within ten (10) days after receiving a notice undersection 1 of this chapter, the petitioner may file a petition with thecourt that ordered the committed individual's commitment requestinga hearing to determine whether the individual should be discharged.
    (b) The petitioner must notify the superintendent of a petitionfiled with the court under subsection (a).
As added by P.L.2-1992, SEC.20.

IC 12-26-12-3
Absence of hearing request notice; discharge of individual
    Sec. 3. If the superintendent does not receive notice of a requestfor a hearing within ten (10) days after notice was given undersection 2 of this chapter, the committed individual shall bedischarged unless the superintendent determines that the individualis mentally ill and either dangerous or gravely disabled.
As added by P.L.2-1992, SEC.20.

IC 12-26-12-4
Receipt by superintendent of hearing request notice; discharge ofindividual
    Sec. 4. If the superintendent is notified of a petition under section2 of this chapter, the committed individual may not be dischargedexcept as provided in this chapter.
As added by P.L.2-1992, SEC.20.

IC 12-26-12-5
Petition; hearing date; failure to hold timely hearing; discharge ofindividual
    Sec. 5. (a) If the court receives a petition under section 2 of thischapter, the court shall set a hearing date.    (b) The hearing date set under subsection (a) must be withintwenty (20) days after the petition is filed.
    (c) If a hearing is not held within twenty (20) days of the filing ofthe petition, the committed individual shall be discharged unlesseither of the following apply:
        (1) The individual agrees to a continuance.
        (2) The superintendent determines that the individual ismentally ill and either dangerous or gravely disabled.
As added by P.L.2-1992, SEC.20.

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 thecommitted individual's mental or physical condition;
        (2) the procedure is the same as provided in IC 12-26-6; and
        (3) the committed individual's rights are the same as providedin IC 12-26-6.
As added by P.L.2-1992, SEC.20.

IC 12-26-12-7
Finding that individual is not mentally ill and either dangerous orgravely disabled; discharge
    Sec. 7. The court shall order the discharge of a committedindividual and terminate the commitment if the court finds that theindividual is not mentally ill and either dangerous or gravelydisabled.
As added by P.L.2-1992, SEC.20.

IC 12-26-12-8
Appointment of guardian
    Sec. 8. If the court does not order the discharge of the committedindividual under section 7 of this chapter, the court may appoint aguardian to provide for the individual's continued care.
As added by P.L.2-1992, SEC.20.