CHAPTER 2. RIGHTS OF PERSONS
IC 12-26-2
Chapter 2. Rights of Persons
IC 12-26-2-1
Habeas corpus
Sec. 1. This article does not limit or restrict the right of a personto apply to an appropriate court for a writ of habeas corpus.
As added by P.L.2-1992, SEC.20.
IC 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:
(1) IC 12-26-6.
(2) IC 12-26-7.
(3) IC 12-26-12.
(4) IC 12-26-15.
(b) The individual alleged to have a mental illness has thefollowing rights:
(1) To receive adequate notice of a hearing so that theindividual or the individual's attorney can prepare for thehearing.
(2) To receive a copy of a petition or an order relating to theindividual.
(3) To be present at a hearing relating to the individual. Theindividual's right under this subdivision is subject to the court'sright to do the following:
(A) Remove the individual if the individual is disruptive tothe proceedings.
(B) Waive the individual's presence at a hearing if theindividual's presence would be injurious to the individual'smental health or well-being.
(4) To be represented by counsel.
As added by P.L.2-1992, SEC.20. Amended by P.L.99-2007,SEC.123.
IC 12-26-2-3
Testimony and witnesses; application of section
Sec. 3. (a) This section applies under the following statutes:
(1) IC 12-26-6.
(2) IC 12-26-7.
(3) IC 12-26-12.
(4) IC 12-26-15.
(b) The individual alleged to have a mental illness, eachpetitioner, and all other interested individuals shall be given anopportunity to appear at hearings and to testify.
(c) The individual alleged to have a mental illness and eachpetitioner may present and cross-examine witnesses at hearings.
(d) The court may receive the testimony of any individual.
As added by P.L.2-1992, SEC.20. Amended by P.L.99-2007,
SEC.124.
IC 12-26-2-4
Change of judge; venue not to change; application of section
Sec. 4. (a) This section applies under the following statutes:
(1) IC 12-26-6.
(2) IC 12-26-7.
(3) IC 12-26-12.
(4) IC 12-26-15.
(b) The individual alleged to have a mental illness and apetitioner:
(1) has a right to a change of judge; and
(2) is not entitled to a change of venue from the county.
As added by P.L.2-1992, SEC.20. Amended by P.L.99-2007,SEC.125.
IC 12-26-2-5
Representation by counsel; appointment; proof required bypetitioner
Sec. 5. (a) This section applies under the following statutes:
(1) IC 12-26-6.
(2) IC 12-26-7.
(3) IC 12-26-12.
(4) IC 12-26-15.
(b) A petitioner may be represented by counsel.
(c) The court may appoint counsel for a petitioner upon a showingof the petitioner's indigency and the court shall pay for such counselif appointed.
(d) A petitioner, including a petitioner who is a health careprovider under IC 16-18-2-295(b), in the petitioner's individualcapacity or as a corporation is not required to be represented bycounsel. If a petitioner who is a corporation elects not to berepresented by counsel, the individual representing the corporationat the commitment hearing must present the court with writtenauthorization from:
(1) an officer;
(2) a director;
(3) a principal; or
(4) a manager;
of the corporation that authorizes the individual to represent theinterest of the corporation in the proceedings.
(e) The petitioner is required to prove by clear and convincingevidence that:
(1) the individual is mentally ill and either dangerous or gravelydisabled; and
(2) detention or commitment of that individual is appropriate.
As added by P.L.2-1992, SEC.20. Amended by P.L.1-1993, SEC.152;P.L.2-1995, SEC.60; P.L.6-1995, SEC.21; P.L.256-1999, SEC.2;P.L.14-2000, SEC.33; P.L.1-2007, SEC.126.
IC 12-26-2-6
Participation in proceedings or assisting in detention or care ofindividual; immunity from liability
Sec. 6. (a) A person who without malice, bad faith, or negligenceacts according to this article and:
(1) participates in proceedings for the detention or commitmentof an individual; or
(2) assists in the detention, care, and treatment of an individualalleged or adjudged to have a mental illness;
is immune from any civil or criminal liability that might otherwise beimposed as a result of the person's actions.
(b) The immunity provided by this section does not permit aperson to do either of the following:
(1) Physically abuse an individual.
(2) Deprive an individual of a personal or civil right exceptaccording to this article.
As added by P.L.2-1992, SEC.20. Amended by P.L.99-2007,SEC.126.
IC 12-26-2-7
Child's advocate; immunity from civil liability
Sec. 7. Except for gross misconduct, if a child's advocate performsthe advocate's duties in good faith, the advocate is immune from anycivil liability that may occur as a result of the advocate's performanceof duties.
As added by P.L.2-1992, SEC.20.
IC 12-26-2-8
Detention or commitment; rights not affected
Sec. 8. (a) Detention or commitment of an individual under thisarticle does not deprive the individual of any of the following:
(1) The right to do the following:
(A) Dispose of property.
(B) Execute instruments.
(C) Make purchases.
(D) Enter into contracts.
(E) Give testimony in a court of law.
(F) Vote.
(2) A right of a citizen not listed in subdivision (1).
(b) A procedure is not required for restoration of rights ofcitizenship of an individual detained or committed under this article.
As added by P.L.2-1992, SEC.20.
IC 12-26-2-9
Refusal to admit; transfer to division
Sec. 9. (a) The superintendent of a state institution may decline toadmit an individual if the superintendent determines that there is notavailable adequate space, treatment staff, and treatment servicesappropriate to the needs of the individual.
(b) If an individual is refused admission under subsection (a), the
commitment shall be transferred to the appropriate division. Thedivision shall make arrangements for the individual's admission to anappropriate facility.
As added by P.L.2-1992, SEC.20. Amended by P.L.6-1995, SEC.22.