CHAPTER 14. OUTPATIENT THERAPY
IC 12-26-14
Chapter 14. Outpatient Therapy
IC 12-26-14-1
Ordering individual to enter outpatient therapy program; findingsauthorizing order
Sec. 1. If a hearing has been held under IC 12-26-6 or IC 12-26-7and the court finds that the individual is:
(1) mentally ill and either dangerous or gravely disabled;
(2) likely to benefit from an outpatient therapy program that isdesigned to decrease the individual's dangerousness ordisability;
(3) not likely to be either dangerous or gravely disabled if theindividual complies with the therapy program; and
(4) recommended for an outpatient therapy program by theindividual's examining physician;
the court may order the individual to enter a therapy program as anoutpatient.
As added by P.L.2-1992, SEC.20. Amended by P.L.62-1993, SEC.9.
IC 12-26-14-2
Representation by program representative that individual mayenter program
Sec. 2. Before the court may issue an order under section 1 of thischapter, a representative of an outpatient therapy program approvedby the court must represent to the court that the individual may enterthat program immediately.
As added by P.L.2-1992, SEC.20.
IC 12-26-14-3
Ordering compliance with program
Sec. 3. The court may require an individual ordered to enter anoutpatient therapy program under section 1 of this chapter to do thefollowing:
(1) Follow the therapy program the individual enters.
(2) Attend each medical and psychiatric appointment made forthe individual.
(3) Reside at a location determined by the court.
(4) Comply with other conditions determined by the court.
As added by P.L.2-1992, SEC.20.
IC 12-26-14-4
Reasonable belief that individual has failed to comply withprogram; 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 thetreatment, supervision, or care of an individual ordered to enter anoutpatient therapy program under section 1 of this chapter has reasonto believe that the individual has failed to comply with therequirements 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 betransferred from the outpatient therapy program to one (1) of thefollowing:
(1) The inpatient unit of the facility that has the originalcommitment.
(2) A supervised group living program (as defined inIC 12-22-2-3(2)).
(3) A sub-acute stabilization facility.
(c) The individual may not be transferred to a supervised groupliving program or a sub-acute stabilization facility unless in theopinion of the individual's attending physician:
(1) it is not necessary for the individual to receive acute careinpatient treatment; and
(2) the individual is in need of either a supervised group livingprogram or a sub-acute stabilization facility.
(d) The individual may not be imprisoned or confined in a jail orcorrectional facility unless the individual has been placed underarrest.
(e) A facility to which an individual is transferred undersubsection (b) shall immediately notify the court of the transfer. Atransfer to a facility under subsection (b) is subject to review undersection 6 of this chapter upon petition by the individual who wastransferred.
As added by P.L.2-1992, SEC.20. Amended by P.L.62-1993, SEC.10;P.L.6-1995, SEC.27.
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 thischapter, the court shall reopen the original committment proceedingand determine whether the:
(1) individual:
(A) has failed to comply with the requirements of section 3of 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 outpatientcommitment, subject to an additional court order that:
(A) requires a law enforcement officer to apprehend andtransport the individual to a facility for treatment; and
(B) applies:
(i) after notification to the court by the facility or providerresponsible for the individual's commitment; and
(ii) whenever the individual fails to attend a scheduledoutpatient appointment or fails to comply with a conditionof 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 validityof the transfer.
As added by P.L.2-1992, SEC.20. Amended by P.L.62-1993, SEC.11;P.L.6-1995, SEC.28; P.L.121-1996, SEC.1.
IC 12-26-14-6
Order to enter therapy; review of order and release fromprogram; intervals and conditions
Sec. 6. If an individual is ordered to enter a therapy programunder section 1 of this chapter, the individual is entitled to review ofthe order and release from the program at the same intervals andunder the same conditions as an individual committed under:
(1) IC 12-26-6 if the therapy order is issued under that chapter;or
(2) IC 12-26-7 if the therapy order is issued under that chapter.
As added by P.L.2-1992, SEC.20.
IC 12-26-14-7
Committed individuals; placement on outpatient status forremainder of commitment period
Sec. 7. If an individual:
(1) has been committed under IC 12-26-6 or IC 12-26-7;
(2) is likely to benefit from a therapy program designed todecrease the individual's dangerousness or grave disability;
(3) is not likely to be either dangerous or gravely disabled if theindividual continues to follow the therapy program; and
(4) is recommended for an outpatient therapy program by theindividual's attending or examining physician;
the superintendent of the facility in which the individual iscommitted or the court at the time of commitment may place theindividual on outpatient status for the remainder of the individual'scommitment period, subject to the conditions of outpatient therapyprograms under section 8 of this chapter.
As added by P.L.2-1992, SEC.20. Amended by P.L.62-1993, SEC.12.
IC 12-26-14-8
Committed individual placed on outpatient status; compliance withprogram
Sec. 8. An individual placed on outpatient status under section 7of this chapter may be required to do the following:
(1) Follow the therapy program designed by the facility inwhich the individual has been placed.
(2) Attend any medical or psychiatric appointments made forthe individual with respect to the individual's psychiatriccondition.
(3) Reside at a place designated by the superintendent.
As added by P.L.2-1992, SEC.20.
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 physiciandetermines that the individual has failed to comply with therequirements under section 8 of this chapter and is likely to bedangerous or gravely disabled, the individual:
(1) may, in accordance with IC 12-24-8, be returned to thefacility to which the individual is committed under this articleas an inpatient; or
(2) may be transferred to a short term sub-acute stabilizationtreatment program under this chapter.
As added by P.L.2-1992, SEC.20. Amended by P.L.62-1993, SEC.13.
IC 12-26-14-10
Return to facility; hearing; hearing officer; appeal to committingcourt
Sec. 10. (a) After an individual has been returned to the facility towhich the individual is committed under this article, the directorshall conduct a hearing under IC 4-21.5-3 to determine whether:
(1) the individual has failed to comply with the requirementsdescribed 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 ahearing officer appointed by the director.
(c) An individual may appeal under IC 4-21.5-5 a determinationof the hearing officer by filing a petition with the court thatcommitted the individual under IC 12-26-6 or IC 12-26-7.
As added by P.L.2-1992, SEC.20.