CHAPTER 16. INVOLUNTARY DRUG AND ALCOHOL TREATMENT
IC 31-32-16
Chapter 16. Involuntary Drug and Alcohol Treatment
IC 31-32-16-1
Involuntary treatment; drug or alcohol treatment
Sec. 1. A proceeding under this chapter is separate from and doesnot affect:
(1) a proceeding for involuntary treatment under IC 12-26; or
(2) an order from a juvenile court under IC 31-37 that requiresdrug or alcohol treatment.
As added by P.L.196-2003, SEC.2.
IC 31-32-16-2
Filing of verified petition; affidavit; placement in state owned oroperated facility; participation of parent, guardian, or custodianin treatment
Sec. 2. (a) A parent, guardian, or custodian of a child may file averified petition with the juvenile court in the county in which thechild resides for involuntary drug and alcohol treatment if the child:
(1) is incapable of consenting; or
(2) refuses to consent;
to voluntary treatment.
(b) The verified petition must include an affidavit from a persondescribed in section 4(a) of this chapter who has examined or treatedthe child not more than thirty (30) days before the filing of theverified petition. The affidavit must state that reasonable groundsexist to believe the child named in the petition is a drug or alcoholabuser (as defined in 440 IAC 4.4-1-1).
(c) Involuntary drug and alcohol treatment under this chapter mayinclude appropriate placement in an inpatient or outpatient programor facility. A person ordered to complete inpatient drug and alcoholtreatment under this chapter may not be placed in a facility that isowned or operated by the state.
(d) The judge of the juvenile court in which the verified petitionis filed shall inform each parent, guardian, or custodian of the childthat the parent, guardian, or custodian may be ordered to participatein any aspect of the child's treatment.
As added by P.L.196-2003, SEC.2.
IC 31-32-16-3
Verified petition; summary of facts
Sec. 3. A verified petition filed under section 2 of this chaptermust include the name and age of the child and a summary of factsthat support the petitioner's request for involuntary drug and alcoholtreatment.
As added by P.L.196-2003, SEC.2.
IC 31-32-16-4
Ex parte probable cause determination; assessment; hearing
Sec. 4. (a) The juvenile court, after making an ex parte
determination that there is probable cause to believe the child is adrug or alcohol abuser (as defined in 440 IAC 4.4-1-1), shall orderthe child named in the petition to undergo a drug and alcoholassessment. The assessment shall be performed by:
(1) a psychiatrist (as defined in IC 11-10-3-1);
(2) a physician (as defined in IC 12-15-35-12); or
(3) a psychologist with training in drug and alcohol assessmentand treatment.
The person who performs the assessment under this section must bedifferent from the person who submitted the affidavit under section2 of this chapter. If it is determined that involuntary treatment isnecessary, the assessment must include a recommended level of careand length of treatment.
(b) After completion of the assessment, the juvenile court shallconduct a hearing. Each person who performed an assessment mustbe present and available to testify at the hearing.
As added by P.L.196-2003, SEC.2.
IC 31-32-16-5
Treatment; clear and convincing evidence
Sec. 5. Following a hearing, the juvenile court may orderinvoluntary drug and alcohol treatment for not more than forty-five(45) consecutive days if the court finds by clear and convincingevidence that the child:
(1) is a drug or alcohol abuser (as defined in 440 IAC 4.4-1-1);
(2) is incapable of consenting to or refuses to consent tovoluntary treatment services; and
(3) will benefit from a period of involuntary drug and alcoholtreatment.
As added by P.L.196-2003, SEC.2.
IC 31-32-16-6
Review hearing; additional term of treatment; findings of fact
Sec. 6. (a) Before the expiration of a period of involuntarytreatment, the juvenile court shall conduct a review hearing todetermine whether further treatment is necessary.
(b) The juvenile court may order an additional term of treatmentif it finds at the initial review hearing by clear and convincingevidence that the conditions enumerated in section 5 of this chapterare present and further treatment is necessary. An additional term ofinvoluntary treatment may not exceed forty-five (45) consecutivedays, and the juvenile court must conduct a review hearing before theexpiration of the additional term. The court may order subsequentterms of involuntary treatment if at each review hearing the courtmakes findings required by this section.
(c) Each order for an additional term of treatment undersubsection (b) must be supported by written findings of fact. Thejuvenile court shall issue written findings of fact not more than ten(10) days after the review hearing that orders an additional term ofinvoluntary treatment.As added by P.L.196-2003, SEC.2.
IC 31-32-16-7
Participation of parent, guardian, or custodian in treatment
Sec. 7. The juvenile court may order each parent, guardian, orcustodian of the child to participate in any aspect of the child'streatment under section 5 or 6 of this chapter.
As added by P.L.196-2003, SEC.2.
IC 31-32-16-8
Modification of treatment order
Sec. 8. The juvenile court may modify the original terms ofinvoluntary drug and alcohol treatment if it finds by clear andconvincing evidence that a substantial change in the circumstancesthat supported the original terms and conditions of treatment hasoccurred.
As added by P.L.196-2003, SEC.2.
IC 31-32-16-9
Costs and fees
Sec. 9. A parent, guardian, or custodian is required to pay courtcosts, court fees, and the costs of assessment and treatment. Neitherthe court nor the county is liable for any part of the costs ofassessment or treatment under this chapter.
As added by P.L.196-2003, SEC.2.
IC 31-32-16-10
Drug and alcohol assessment
Sec. 10. Notwithstanding IC 34-46-3 and IC 25-33-1-17, the judgemay order a physician or a psychologist to submit a drug and alcoholassessment to the juvenile court in a proceeding under this chapter.
As added by P.L.196-2003, SEC.2.
IC 31-32-16-11
Guardian ad litem
Sec. 11. The judge of the juvenile court may appoint a guardianad litem for the child at any time.
As added by P.L.196-2003, SEC.2.