CHAPTER 3. VOLUNTARY TREATMENT
IC 12-26-3
Chapter 3. Voluntary Treatment
IC 12-26-3-1
Admission by facility superintendent or by attending physician
Sec. 1. The superintendent of a facility or an individual's attendingphysician may admit an Indiana resident who:
(1) has a mental illness or has symptoms of mental illness; and
(2) makes an appropriate application;
for observation, diagnosis, care, or treatment.
As added by P.L.2-1992, SEC.20. Amended by P.L.99-2007,SEC.127.
IC 12-26-3-2
Application by parent or legal guardian
Sec. 2. (a) If an individual is less than eighteen (18) years of age,an application under this chapter may be made by the individual'sparent or legal guardian.
(b) If an individual is at least eighteen (18) years of age and hasa legal guardian, that individual may not be admitted by theindividual's legal guardian to a state institution under this chapter.
As added by P.L.2-1992, SEC.20. Amended by P.L.6-1995, SEC.23.
IC 12-26-3-3
Discharge by facility superintendent or by attending physician;grounds
Sec. 3. The superintendent or an individual's attending physicianmay discharge an individual admitted under this chapter if thesuperintendent or the attending physician determines that:
(1) care in the facility is not necessary; or
(2) the discharge would contribute to the most effective use ofthe facility for the care and treatment of individuals with amental illness.
As added by P.L.2-1992, SEC.20. Amended by P.L.99-2007,SEC.128.
IC 12-26-3-4
Written request for release; time for release
Sec. 4. Except as provided in section 5 of this chapter, anindividual who has been admitted to a facility under this chaptershall be released within twenty-four (24) hours of a written requestfor release made to the superintendent or the individual's attendingphysician by:
(1) the individual; or
(2) if the individual is less than eighteen (18) years of age, theparent or guardian who applied for the individual's admission tothe facility.
As added by P.L.2-1992, SEC.20.
IC 12-26-3-5 Refusal to release individual; grounds; written report to court
Sec. 5. (a) The superintendent or the attending physician is notrequired to release an individual under section 4 of this chapter if thesuperintendent or the attending physician has reason to believe theindividual is mentally ill and either dangerous or gravely disabled.
(b) If the superintendent or the attending physician makes adetermination under subsection (a), the superintendent or theattending physician must make a written report to a court:
(1) that has jurisdiction;
(2) in the county:
(A) of the residence of the individual; or
(B) where the facility is located; and
(3) not later than five (5) days of receiving the request madeunder section 4 of this chapter.
(c) A report under subsection (b) must:
(1) state that there is probable cause to believe that theindividual is mentally ill and either dangerous or gravelydisabled;
(2) state that the individual requires continuing care andtreatment in the facility; and
(3) request a hearing on the report.
As added by P.L.2-1992, SEC.20.
IC 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 the date ofreceiving a report made under section 5 of this chapter, do either ofthe following:
(1) Set a preliminary hearing to determine if there is probablecause to believe that the individual is:
(A) mentally ill and either dangerous or gravely disabled;and
(B) in need of temporary or regular commitment.
(2) Order a final hearing to be held within two (2) days of theorder to determine if the individual is:
(A) mentally ill and either dangerous or gravely disabled;and
(B) in need of temporary or regular commitment.
As added by P.L.2-1992, SEC.20.
IC 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 intoevidence at the preliminary hearing without the presence of thephysician.
(b) A finding of probable cause may not be entered at thepreliminary hearing unless there is oral testimony:
(1) subject to cross-examination; (2) of at least one (1) witness who:
(A) has personally observed the behavior of the individual;and
(B) will testify as to facts supporting a finding that there isprobable cause to believe that the individual is in need oftemporary or regular commitment.
(c) If after the preliminary hearing the court does not findprobable cause, the individual shall be discharged immediately.
(d) If after the preliminary hearing the court finds probable causeto believe that the individual is in need of temporary or regularcommitment, the court shall order the detention of the individual inan appropriate facility pending a final hearing.
As added by P.L.2-1992, SEC.20.
IC 12-26-3-8
Final hearing held after preliminary hearing; testimony ofexamining physician; waiver
Sec. 8. (a) If the court sets a preliminary hearing under section6(1) of this chapter, a final hearing shall be held not later than ten(10) days after the date of the preliminary hearing.
(b) At the final hearing, an individual may not be found in needof temporary or regular commitment unless at least one (1) physicianwho has personally examined the individual testifies at the hearing.
(c) The testimony required by subsection (b) may be waived bythe individual if the waiver is voluntarily and knowingly given.
As added by P.L.2-1992, SEC.20.
IC 12-26-3-9
Temporary or regular commitment
Sec. 9. (a) If an individual has not previously been the subject ofa commitment proceeding, the court may only order temporarycommitment.
(b) If an individual has previously been the subject of acommitment proceeding, the court may order a regular commitmentif a longer period of treatment is warranted.
As added by P.L.2-1992, SEC.20.