IC 12-26

Voluntary and Involuntary Treatment of Mentally Ill Individuals

Indiana Code Article 26 establishes the legal framework for voluntary and involuntary psychiatric treatment of mentally ill individuals in Indiana, covering emergency detention, temporary commitment, regular commitment, and voluntary admission procedures. Facility operators must comply with court-ordered admission, detention, treatment planning, discharge notification, and patient rights requirements. The article governs proceedings in psychiatric facilities and outpatient settings, including requirements for physician attestations, hearing timelines, and treatment plans filed with courts. Operators of facilities receiving involuntarily committed individuals must follow specific procedural and reporting obligations.

ARTICLE 26. VOLUNTARY AND INVOLUNTARY
TREATMENT OF MENTALLY ILL INDIVIDUALS

Ch. 1.
Jurisdiction and Procedure
 
Ch. 2.
Rights of Persons
 
Ch. 3.
Voluntary Treatment
 
Ch. 4.
Repealed
 
Ch. 5.
Emergency Detention
 
Ch. 6.
Temporary Commitment
 
Ch. 7.
Regular Commitment
 
Ch. 8.
Commitment of a Child
 
Ch. 9.
Commitment to Facilities Owned by the United
States Government
 
Ch. 10.
Care Pending Admission to a Facility
 
Ch. 11.
Transfer of an Individual
 
Ch. 12.
Notice of Discharge of an Individual
 
Ch. 13.
Leave From Confinement and Discharge
 
Ch. 14.
Outpatient Therapy
 
Ch. 15.
Review of Commitment
 
Ch. 16.
Guardianships
 
IC 12-26-1
Chapter 1. Jurisdiction and Procedure

12-26-1-1
Statutes under which mentally ill and either
dangerous or gravely disabled may be
involuntarily detained or committed
 
12-26-1-1.5
Persons to receive information and training
concerning involuntary commitment
 
12-26-1-2
Courts having jurisdiction of proceedings under
article; exceptions
 
12-26-1-3
Hearing required to be held by 
IC 35-36-2-4
 
12-26-1-4
Juvenile court; placement only in child caring
institutions; transfer of proceedings
 
12-26-1-5
Commitment proceedings; acquisition and
retention of jurisdiction
 
12-26-1-6
Conduct of judicial proceedings; rules of
procedure
 
12-26-1-7
Computation of time; application of section
 
12-26-1-8
Authority for detention
 
12-26-1-9
Appeals; persons entitled to take; manner of
taking
 
12-26-1-10
Rules
 
12-26-1-11
Forms
 
IC 12-26-1-1
Statutes under which mentally ill and either dangerous or gravely
disabled may be involuntarily detained or committed
 
Sec. 1. An individual who is mentally ill and either
dangerous or gravely disabled may be involuntarily detained or
committed under any of the following statutes:
(1) 
IC 12-26-5
 (emergency detention).
(2) 
IC 12-26-6
 (temporary commitment).
(3) 
IC 12-26-7
 (regular commitment).
[Pre-1992 Revision Citation: 16-14-9.1-3(a).]
As added by P.L.2-1992, SEC.20. Amended by P.L.205-2023,
SEC.5.
 
IC 12-26-1-1.5
Persons to receive information and training concerning involuntary
commitment
 
Sec. 1.5. The following shall, in consultation with
the division of mental health and addiction, provide or be provided
information and training concerning involuntary commitment,
including the use of involuntary commitment for individuals who have
a substance abuse or addiction condition:
(1) Judges, provided by the office of judicial administration.
(2) Prosecutors, provided by the prosecuting attorneys council.
(3) Public defenders, provided by the public defender council of
Indiana.
As added by P.L.154-2015, SEC.5. Amended by P.L.161-2018,
SEC.31.
 
IC 12-26-1-2
Courts having jurisdiction of proceedings under article; exceptions
 
Sec. 2. Except as provided in sections 3 and 4 of this
chapter, the following Indiana courts have jurisdiction over a
proceeding under this article:
(1) A court having probate jurisdiction.
(2) A superior court in a county in which the circuit court has
exclusive probate jurisdiction.
(3) A mental health division of a superior court to the extent the
mental health division has jurisdiction under 
IC 33-33-49
.
[Pre-1992 Revision Citations: subdivision (1) formerly
16-14-9.1-5(a) part; subdivision (2) formerly 16-14-9.1-5(a) part;
subdivision (3) formerly 16-14-9.1-5(c).]
As added by P.L.2-1992, SEC.20. Amended by P.L.16-1995,
SEC.4; P.L.98-2004, SEC.94; P.L.201-2011, SEC.9.
 
IC 12-26-1-3
Hearing required to be held by IC 35-36-2-4
 
Sec. 3. A court that conducted the trial has jurisdiction
over a hearing required to be held by 
IC 35-36-2-4
. The court retains
jurisdiction over the individual held under 
IC 35-36-2-4
 until the
completion of the commitment hearing. After completion of the
commitment hearing, jurisdiction is transferred to a court having
jurisdiction under section 2 of this chapter and all subsequent petitions
or motions shall be filed with the court to which the proceeding is
transferred. The file of the commitment hearing also shall be
transferred from the committing court to the court having probate
jurisdiction.
[Pre-1992 Revision Citations: 16-14-9.1-5(b);
16-14-9.1-9(a).]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-1-4
Juvenile court; placement only in child caring institutions; transfer of
proceedings
 
Sec. 4. (a) A juvenile court has concurrent jurisdiction
over proceedings under this article that involve a child.
 
(b) The juvenile court may not commit or temporarily place a child
under this article in a facility other than a child caring institution. If the
juvenile court determines that commitment or temporary placement of
a child in another facility is necessary, the juvenile court shall transfer
the proceeding to a court having probate jurisdiction.
[Pre-1992 Revision Citation: 16-14-9.1-5(d).]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-1-5
Commitment proceedings; acquisition and retention of jurisdiction
 
Sec. 5. (a) If a commitment proceeding is begun under

IC 12-26-3-5
, 
IC 12-26-6-2
(a)(1), or 
IC 12-26-6-2
(a)(3), the court
acquires jurisdiction over the individual alleged to have a mental
illness by service of summons on the individual according to the
Indiana Rules of Trial Procedure or by entry of an appearance by the
individual.
 
(b) If an individual is being held under 
IC 12-26-6-2
(a)(2), the court
retains jurisdiction over the individual by the court's order for
continued detention.
[Pre-1992 Revision Citation: 16-14-9.1-9(a).]
As added by P.L.2-1992, SEC.20. Amended by P.L.99-2007,
SEC.122.
 
IC 12-26-1-6
Conduct of judicial proceedings; rules of procedure
 
Sec. 6. Except as otherwise provided, a judicial
proceeding under this article shall be conducted as other civil
proceedings according to the Indiana Rules of Trial Procedure.
[Pre-1992 Revision Citation: 16-14-9.1-13.]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-1-7
Computation of time; application of section
 
Sec. 7. (a) This section does not apply in the following
statutes:
(1) 
IC 12-26-11
.
(2) 
IC 12-26-12
.
 
(b) This section does not apply to computation of a period during
which an individual may be detained under this article.
 
(c) In computing time under this article, Saturdays, Sundays, and
legal holidays are not included in the computation if the time
prescribed is less than fourteen (14) days.
[Pre-1992 Revision Citations: 16-14-9.1-2(b);
16-14-9.1-2(c); 16-14-9.1-7(a); 16-14-9.1-7(e); 16-14-9.1-9(b);
16-14-9.1-9(j); 16-14-9.1-10(c); 16-14-9.1-10(g).]
As added by P.L.2-1992, SEC.20. Amended by P.L.205-2023,
SEC.6.
 
IC 12-26-1-8
Authority for detention
 
Sec. 8. Upon the filing of a petition for commitment
under 
IC 12-26-6
 or 
IC 12-26-7
 or the filing of a report under 
IC 12-26-3-5
, the individual may be detained in an appropriate facility:
(1) by an order of the court pending a hearing; or
(2) pending an order of the court under:
(A) 
IC 12-26-3-6
; or
(B) 
IC 12-26-5
.
[Pre-1992 Revision Citations: 16-14-9.1-2(c); 16-14-9.1-3;
16-14-9.1-7(e).]
As added by P.L.2-1992, SEC.20. Amended by P.L.205-2023,
SEC.7.
 
IC 12-26-1-9
Appeals; persons entitled to take; manner of taking
 
Sec. 9. (a) In a proceeding involving involuntary
detention or commitment under this article, appeals from the final
orders or judgments of the court of original jurisdiction may be taken
by any of the following:
(1) The individual who is the subject of the proceeding.
(2) A petitioner in the proceeding.
(3) An aggrieved person.
 
(b) An appeal must be taken in the same manner as any other civil
case according to the Indiana Rules of Trial and Appellate Procedure.
[Pre-1992 Revision Citation: 16-14-9.1-6.]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-1-10
Rules
 
Sec. 10. Each division shall adopt rules under 
IC 4-22-2
 to administer this article.
[Pre-1992 Revision Citation: 16-14-9.1-4 part.]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-1-11
Forms
 
Sec. 11. Each division shall prescribe the forms that
must be used to administer this article.
[Pre-1992 Revision Citation: 16-14-9.1-4 part.]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-2
Chapter 2. Rights of Persons

12-26-2-1
Habeas corpus
 
12-26-2-2
Notice of hearings; receipt of copies of petitions
or orders; presence at hearings; application of
section
 
12-26-2-3
Testimony and witnesses; application of section
 
12-26-2-4
Change of judge; venue not to change;
application of section
 
12-26-2-5
Representation by counsel; appointment; proof
required by petitioner
 
12-26-2-6
Participation in proceedings or assisting in
detention or care of individual; immunity from
liability
 
12-26-2-7
Child's advocate; immunity from civil liability
 
12-26-2-8
Detention or commitment; rights not affected
 
12-26-2-9
Refusal to admit; transfer to division
 
IC 12-26-2-1
Habeas corpus
 
Sec. 1. This article does not limit or restrict the right
of a person to apply to an appropriate court for a writ of habeas corpus.
[Pre-1992 Revision Citation: 16-14-9.1-14.]
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 the following
rights:
(1) To receive adequate notice of a hearing so that the individual
or the individual's attorney can prepare for the hearing.
(2) To receive a copy of a petition or an order relating to the
individual.
(3) To be present at a hearing relating to the individual. The
individual's right under this subdivision is subject to the court's
right to do the following:
(A) Remove the individual if the individual is disruptive to the
proceedings.
(B) Waive the individual's presence at a hearing if the
individual's presence would be injurious to the individual's
mental health or well-being.
(4) To be represented by counsel.
[Pre-1992 Revision Citation: 16-14-9.1-9(e).]
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, each petitioner,
and all other interested individuals shall be given an opportunity to
appear at hearings and to testify.
 
(c) The individual alleged to have a mental illness and each
petitioner may present and cross-examine witnesses at hearings.
 
(d) The court may receive the testimony of any individual.
[Pre-1992 Revision Citation: 16-14-9.1-9(d).]
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 a petitioner:
(1) has a right to a change of judge; and
(2) is not entitled to a change of venue from the county.
[Pre-1992 Revision Citation: 16-14-9.1-9(f).]
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 by petitioner
 
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 showing
of the petitioner's indigency and the court shall pay for such counsel if
appointed.
 
(d) A petitioner, including a petitioner who is a health care provider
under 
IC 16-18-2-295
(b), in the petitioner's individual capacity or as a
corporation is not required to be represented by counsel. If a petitioner
who is a corporation elects not to be represented by counsel, the
individual representing the corporation at the commitment hearing
must present the court with written authorization from:
(1) an officer;
(2) a director;
(3) a principal; or
(4) a manager;
of the corporation that authorizes the individual to represent the interest
of the corporation in the proceedings.
 
(e) The petitioner is required to prove by clear and convincing
evidence that:
(1) the individual is mentally ill and either dangerous or gravely
disabled; and
(2) detention or commitment of that individual is appropriate.
[Pre-1992 Revision Citation: 16-14-9.1-9(g).]
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 of
individual; immunity from liability
 
Sec. 6. (a) A person who without malice, bad faith, or
negligence acts according to this article and:
(1) participates in proceedings for the detention or commitment
of an individual; or
(2) assists in the detention, care, and treatment of an individual
alleged or adjudged to have a mental illness;
is immune from any civil or criminal liability that might otherwise be
imposed as a result of the person's actions.
 
(b) The immunity provided by this section does not permit a person
to do either of the following:
(1) Physically abuse an individual.
(2) Deprive an individual of a personal or civil right except
according to this article.
[Pre-1992 Revision Citation: 16-14-9.1-12.]
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 performs the advocate's duties in good faith, the advocate is
immune from any civil liability that may occur as a result of the
advocate's performance of duties.
[Pre-1992 Revision Citation: 16-14-9.1-5.5(f).]
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 this article 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 of
citizenship of an individual detained or committed under this article.
[Pre-1992 Revision Citation: 16-14-9.1-18.]
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 to admit an individual if the superintendent determines
that there is not available adequate space, treatment staff, and treatment
services appropriate 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. The
division shall make arrangements for the individual's admission to an
appropriate facility.
[Pre-1992 Revision Citations: 16-14-9.1-3(b);
16-14-9.1-3(c).]
As added by P.L.2-1992, SEC.20. Amended by P.L.6-1995,
SEC.22.
 
IC 12-26-3
Chapter 3. Voluntary Treatment

12-26-3-1
Admission by facility superintendent or by
attending physician
 
12-26-3-2
Application by parent or legal guardian
 
12-26-3-3
Discharge by facility superintendent or by
attending physician; grounds
 
12-26-3-4
Written request for release; time for release
 
12-26-3-5
Refusal to release individual; grounds; written
report to court
 
12-26-3-6
Receipt by court of written report; setting
preliminary hearing; ordering final hearing
 
12-26-3-7
Preliminary hearing; introduction of physician's
statement; probable cause finding; discharge or
commitment
 
12-26-3-8
Final hearing held after preliminary hearing;
testimony of examining physician; waiver
 
12-26-3-9
Temporary or regular commitment
 
IC 12-26-3-1
Admission by facility superintendent or by attending physician
 
Sec. 1. The superintendent of a facility or an
individual's attending physician 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.
[Pre-1992 Revision Citation: 16-14-9.1-2(a) part.]
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's parent or legal guardian.
 
(b) If an individual is at least eighteen (18) years of age and has a
legal guardian, that individual may not be admitted by the individual's
legal guardian to a state institution under this chapter.
[Pre-1992 Revision Citation: 16-14-9.1-2(a) part.]
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
physician may discharge an individual admitted under this chapter if
the superintendent 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 of the
facility for the care and treatment of individuals with a mental
illness.
[Pre-1992 Revision Citation: 16-14-9.1-2(b) part.]
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,
an individual who has been admitted to a facility under this chapter
shall be released within twenty-four (24) hours of a written request for
release made to the superintendent or the individual's attending
physician by:
(1) the individual; or
(2) if the individual is less than eighteen (18) years of age, the
parent or guardian who applied for the individual's admission to
the facility.
[Pre-1992 Revision Citation: 16-14-9.1-2(b) part.]
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 not required to release an individual under section 4 of this
chapter if the superintendent or the attending physician has reason to
believe the individual is mentally ill and either dangerous or gravely
disabled.
 
(b) If the superintendent or the attending physician makes a
determination under subsection (a), the superintendent or the attending
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 made
under section 4 of this chapter.
 
(c) A report under subsection (b) must:
(1) state that there is probable cause to believe that the individual
is mentally ill and either dangerous or gravely disabled;
(2) state that the individual requires continuing care and treatment
in the facility; and
(3) request a hearing on the report.
[Pre-1992 Revision Citation: 16-14-9.1-2(b) part.]
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 of receiving a report made under section 5 of this chapter, do
either of the following:
(1) Set a preliminary hearing to determine if there is probable
cause 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 the
order to determine if the individual is:
(A) mentally ill and either dangerous or gravely disabled; and
(B) in need of temporary or regular commitment.
[Pre-1992 Revision Citation: 16-14-9.1-2(c) part.]
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
into evidence at the preliminary hearing without the presence of the
physician.
 
(b) A finding of probable cause may not be entered at the
preliminary 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 is
probable cause to believe that the individual is in need of
temporary or regular commitment.
 
(c) If after the preliminary hearing the court does not find probable
cause, the individual shall be discharged immediately.
 
(d) If after the preliminary hearing the court finds probable cause to
believe that the individual is in need of temporary or regular
commitment, the court shall order the detention of the individual in an
appropriate facility pending a final hearing.
[Pre-1992 Revision Citation: 16-14-9.1-2(c) part.]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-3-8
Final hearing held after preliminary hearing; testimony of examining
physician; waiver
 
Sec. 8. (a) If the court sets a preliminary hearing under
section 6(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 need of
temporary or regular commitment unless at least one (1) physician who
has personally examined the individual testifies at the hearing.
 
(c) The testimony required by subsection (b) may be waived by the
individual if the waiver is voluntarily and knowingly given.
[Pre-1992 Revision Citations: subsection (a) formerly
16-14-9.1-2(c) part; subsection (b) formerly 16-14-9.1-2(d).]
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 of a commitment proceeding, the court may only order
temporary commitment.
 
(b) If an individual has previously been the subject of a commitment
proceeding, the court may order a regular commitment if a longer
period of treatment is warranted.
[Pre-1992 Revision Citation: 16-14-9.1-2(e).]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-4
Chapter 4. Repealed
[Pre-1992 Revision Citations:
12-26-4-1
formerly 16-14-9.1-6.5(a) part
12-26-4-1.5
New
12-26-4-2
formerly 16-14-9.1-6.5(a) part
12-26-4-3
formerly 16-14-9.1-6.5(a) part
12-26-4-4
formerly 16-14-9.1-6.5(a) part
12-26-4-5
formerly 16-14-9.1-6.5(b) part
12-26-4-6
formerly 16-14-9.1-6.5(b) part
12-26-4-7
formerly 16-14-9.1-6.5(b) part
12-26-4-8
formerly 16-14-9.1-6.5(c)
12-26-4-9
New.]
Repealed by P.L.205-2023, SEC.8.
 
IC 12-26-5
Chapter 5. Emergency Detention

12-26-5-0.5
Authority of a law enforcement officer to
transport a mentally ill individual to a facility;
authority of a court to order detention; discharge;
treatment
 
12-26-5-1
48-72 hour detention; written application;
contents
 
12-26-5-2
Police officer authorized to take individual into
custody; reimbursement for certain
nonemergency transports
 
12-26-5-3
Examination and treatment of detained individual
 
12-26-5-4
Repealed
 
12-26-5-5
Repealed
 
12-26-5-6
Denial of application for detention; discharge;
medical record
 
12-26-5-7
Repealed
 
12-26-5-8
Repealed
 
12-26-5-9
Application for detention; action by court; final
hearing
 
12-26-5-10
Repealed
 
12-26-5-11
Final hearing; burden of proof; testimony of
physician; waiver
 
12-26-5-12
Determination of absence of probable cause when
individual taken into custody; transportation,
care, and maintenance costs
 
12-26-5-13
Immunity
 
IC 12-26-5-0.5
Authority of a law enforcement officer to transport a mentally ill
individual to a facility; authority of a court to order detention;
discharge; treatment
 
Sec. 0.5. (a) A law enforcement officer, having
reasonable grounds to believe that an individual has a mental illness,
is either dangerous or gravely disabled, and is in immediate need of
hospitalization and treatment, may do one (1) or more of the following:
(1) Apprehend and transport the individual to the nearest
appropriate facility. The individual may not be transported to a
state institution.
(2) Charge the individual with an offense, if applicable.
 
(b) A law enforcement officer who transports an individual to a
facility under subsection (a) shall submit to the facility a written
statement containing the basis for the officer's conclusion that
reasonable grounds exist under this chapter. The statement shall be
filed with both of the following:
(1) The individual's records at the facility.
(2) The appropriate court, if action relating to any charges filed by
the officer against the individual is pursued.
 
(c) If a court has reasonable grounds to believe that an individual:
(1) has a mental illness;
(2) is either dangerous or gravely disabled; and
(3) is in immediate need of hospitalization and treatment;
the court may order the individual to be detained at the nearest
appropriate facility for a preliminary medical and psychological
evaluation. The individual may not be transported to a state institution.
 
(d) An individual detained under this section shall be discharged if
the superintendent of the facility or the physician believes detention is
no longer necessary. As soon as practicable after discharge, the facility
shall notify the court that ordered the detention that the individual has
been discharged.
 
(e) The superintendent of the facility or a physician, an advanced
practice registered nurse, or a physician assistant may furnish
emergency treatment to an individual transported to a facility under this
section that is necessary to:
(1) preserve the health and safety of the individual detained; and
(2) protect other persons and property.
 
(f) If clinically appropriate, a physician may authorize and begin a
mental health or substance use disorder treatment plan using accepted
clinical care guidelines, including medication, for an individual
detained under this chapter.
As added by P.L.205-2023, SEC.9.
 
IC 12-26-5-1
48-72 hour detention; written application; contents
 
Sec. 1. (a) Except as otherwise provided in this
chapter, an individual may be detained in a facility for not more than
seventy-two (72) hours under this chapter, excluding Saturdays,
Sundays, and legal holidays, if a written application for detention is
filed with a court of competent jurisdiction in accordance with this
section.
 
(b) An individual may be detained in a facility for not more than
forty-eight (48) hours from the time of admission, excluding Saturdays,
Sundays, and legal holidays, unless the facility files an application for
detention, on a form prepared by the office of judicial administration,
with a court of competent jurisdiction within the forty-eight (48) hour
period. If the facility timely files an application for detention, the
individual may be detained for not more than seventy-two (72) hours
from the time of admission, excluding Saturdays, Sundays, and legal
holidays, unless the court approves the application for detention. If the
court approves the application for detention, the individual may be held
for not more than fourteen (14) days, from the time of admission,
excluding Saturdays, Sundays, and legal holidays, pending a final
hearing under section 11 of this chapter. If a patient is admitted to a
facility after midnight and before 8:00 a.m., the time periods described
in this subsection begin to run at 8:00 a.m.
 
(c) An application for detention under subsection (b) must contain
an attestation signed by a physician that there is probable cause to
believe that:
(1) the individual is mentally ill and either dangerous or gravely
disabled; and
(2) the individual requires continuing involuntary detention to
receive care and treatment;
based on an examination by a physician, advanced practice registered
nurse, or physician assistant, or information given to a physician,
advanced practice registered nurse, or physician assistant.
 
(d) A facility may not be required to first seek transfer of the
individual to a psychiatric hospital before commencing an application
for detention.
 
(e) A facility may commence an application for detention even if an
individual was not apprehended and transported to a facility under
section 0.5 of this chapter.
[Pre-1992 Revision Citation: 16-14-9.1-7(a) part.]
As added by P.L.2-1992, SEC.20. Amended by P.L.1-1993,
SEC.153; P.L.40-1994, SEC.56; P.L.205-2023, SEC.10; P.L.147-2024,
SEC.2.
 
IC 12-26-5-2
Police officer authorized to take individual into custody;
reimbursement for certain nonemergency transports
 
Sec. 2. (a) If a judicial officer authorized to issue a
warrant for arrest in the county in which the individual is present
approves an application for detention made under section 1 of this
chapter, the application authorizes a police officer to take the
individual into custody and transport the individual to a facility, if
applicable.
 
(b) Except as provided in subsection (c), the expense of
transportation under this section shall be paid by the county in which
the individual is present.
 
(c) This subsection applies only to the nonemergency transport to a
facility by the county sheriff or deputy sheriff of an individual who:
(1) is not in lawful detention (as defined in 
IC 36-2-13-18
);
(2) has had an application for the individual's detention under
section 1 of this chapter approved by a judicial officer; and
(3) is transported more than thirty (30) miles.
The county sheriff may be reimbursed from the individual's health care
coverage, including health coverage offered or administered by the
state.
[Pre-1992 Revision Citation: 16-14-9.1-7(a) part.]
As added by P.L.2-1992, SEC.20. Amended by P.L.196-2021,
SEC.7; P.L.205-2023, SEC.11.
 
IC 12-26-5-3
Examination and treatment of detained individual
 
Sec. 3. An individual detained under this chapter may
be examined and given emergency treatment necessary to do the
following:
(1) Preserve the health and safety of the individual.
(2) Protect other persons and property.
[Pre-1992 Revision Citation: 16-14-9.1-7(a) part.]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-5-4
Repealed
[Pre-1992 Revision Citation: 16-14-9.1-7(d) part.]
As added by P.L.2-1992, SEC.20. Repealed by P.L.205-2023,
SEC.12.
 
IC 12-26-5-5
Repealed
[Pre-1992 Revision Citation: 16-14-9.1-7(b).]
As added by P.L.2-1992, SEC.20. Repealed by P.L.205-2023,
SEC.13.
 
IC 12-26-5-6
Denial of application for detention; discharge; medical record
 
Sec. 6. (a) If the court does not approve an application
for detention under this chapter, the individual shall be discharged
from the facility.
 
(b) The application shall be made part of the individual's medical
record.
[Pre-1992 Revision Citation: 16-14-9.1-7(d) part.]
As added by P.L.2-1992, SEC.20. Amended by P.L.205-2023,
SEC.14.
 
IC 12-26-5-7
Repealed
[Pre-1992 Revision Citation: 16-14-9.1-7(c).]
As added by P.L.2-1992, SEC.20. Repealed by P.L.205-2023,
SEC.15.
 
IC 12-26-5-8
Repealed
[Pre-1992 Revision Citation: 16-14-9.1-7(e) part.]
As added by P.L.2-1992, SEC.20. Repealed by P.L.205-2023,
SEC.16.
 
IC 12-26-5-9
Application for detention; action by court; final hearing
 
Sec. 9. After receiving an application for detention
under section 1 of this chapter, the court shall, without a hearing,
consider the application and may do one (1) of the following:
(1) If the court finds that there is not probable cause to detain the
individual, order the individual released.
(2) If the court finds that there is probable cause to detain the
individual, order the individual's continued detention in an
appropriate facility pending a final hearing under section 11 of
this chapter. In addition, the court may order the individual to
receive treatment in accordance with a mental health or substance
use disorder treatment plan, using accepted clinical care
guidelines, including medication.
[Pre-1992 Revision Citation: 16-14-9.1-7(e) part.]
As added by P.L.2-1992, SEC.20. Amended by P.L.205-2023,
SEC.17.
 
IC 12-26-5-10
Repealed
[Pre-1992 Revision Citation: 16-14-9.1-7(e) part.]
As added by P.L.2-1992, SEC.20. Repealed by P.L.205-2023,
SEC.18.
 
IC 12-26-5-11
Final hearing; burden of proof; testimony of physician; waiver
 
Sec. 11. (a) A final hearing required by section 9 of
this chapter shall be held not later than fourteen (14) days from the date
of the individual's admission to a facility, excluding Saturdays,
Sundays, and legal holidays. The purpose of a final hearing is to
determine by clear and convincing evidence whether the individual is:
(1) mentally ill and either dangerous or gravely disabled; and
(2) in need of temporary or regular commitment.
 
(b) At a final hearing, an individual may not be found in need of
temporary or regular commitment unless:
(1) the physician who signed the attestation under section 1 of this
chapter; or
(2) at least one (1) physician who has personally examined the
individual;
testifies at the hearing. This testimony may be waived by the individual
if the waiver is voluntarily and knowingly given.
[Pre-1992 Revision Citation: 16-13-9.1-7(e) part.]
As added by P.L.2-1992, SEC.20. Amended by P.L.205-2023,
SEC.19.
 
IC 12-26-5-12
Determination of absence of probable cause when individual taken into
custody; transportation, care, and maintenance costs
 
Sec. 12. If it is determined that there was not
probable cause to believe that an individual had a mental illness and
was dangerous when taken into custody and transported to the facility
to be detained, the costs of transportation to and care and maintenance
in the facility during the period of detention shall be paid by the county
in which the individual was taken into custody.
[Pre-1992 Revision Citation: 16-14-9.1-7(f).]
As added by P.L.2-1992, SEC.20. Amended by P.L.99-2007,
SEC.130.
 
IC 12-26-5-13
Immunity
 
Sec. 13. The following may not be held liable for an
act or omission taken in good faith under this chapter, unless the act or
omission constitutes gross negligence or willful or wanton misconduct:
(1) A facility in which an individual is detained, treated,
evaluated, or assessed.
(2) A law enforcement officer.
(3) The superintendent of a facility.
(4) A physician.
(5) An advanced practice registered nurse.
(6) A physician assistant.
As added by P.L.205-2023, SEC.20.
 
IC 12-26-6
Chapter 6. Temporary Commitment

12-26-6-1
90 day commitment of individuals who are
mentally ill and either dangerous or gravely
disabled
 
12-26-6-2
Methods by which commitment proceedings may
be begun
 
12-26-6-3
Notice of hearing
 
12-26-6-4
Hearing date
 
12-26-6-5
Hearing site
 
12-26-6-6
Appointment of physician; examination of
individual; report
 
12-26-6-7
Report; dismissal of petition
 
12-26-6-8
Order of commitment
 
12-26-6-9
Discharge before end of commitment period;
notification of court
 
12-26-6-10
Additional commitment period; proceedings
 
12-26-6-11
Report required of facility superintendent or
attending physician before end of commitment
period
 
IC 12-26-6-1
90 day commitment of individuals who are mentally ill and either
dangerous or gravely disabled
 
Sec. 1. An individual who is alleged to be mentally ill
and either dangerous or gravely disabled may be committed to a facility
for not more than ninety (90) days under this chapter.
[Pre-1992 Revision Citation: 16-14-9.1-8 part.]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-6-2
Methods by which commitment proceedings may be begun
 
Sec. 2. (a) A commitment under this chapter may be
begun by any of the following methods:
(1) Upon request of the superintendent under 
IC 12-26-3-5
.
(2) An order of the court:
(A) having jurisdiction over the individual following
emergency detention; or
(B) referring an individual:
(i) following a hearing under 
IC 35-47-14-6
; and
(ii) after a physicians written statement has been filed setting
forth the requirements described in subsections (c)(1) and
(c)(2) of this section.
(3) Filing a petition with a court having jurisdiction in the county:
(A) of residence of the individual; or
(B) where the individual may be found.
 
(b) A petitioner under subsection (a)(3) must be at least eighteen
(18) years of age.
 
(c) A petition under subsection (a)(3) must include a physician's
written statement stating both of the following:
(1) The physician has examined the individual within the past
thirty (30) days.
(2) The physician believes the individual is:
(A) mentally ill and either dangerous or gravely disabled; and
(B) in need of custody, care, or treatment in an appropriate
facility.
[Pre-1992 Revision Citation: 16-14-9.1-8 part.]
As added by P.L.2-1992, SEC.20. Amended by P.L.289-2019,
SEC.1.
 
IC 12-26-6-3
Notice of hearing
 
Sec. 3. (a) Notice of a hearing under this chapter shall
be given to all of the following:
(1) The individual.
(2) The petitioner.
(3) The superintendent or the chief executive officer of a facility
having care or custody of the individual.
 
(b) The notice required by subsection (a) must state the time, place,
and date of the hearing.
[Pre-1992 Revision Citation: 16-14-9.1-9(b) part.]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-6-4
Hearing date
 
Sec. 4. (a) Within three (3) days after a proceeding is
begun under this chapter, the court shall enter an order setting a
hearing date.
 
(b) If the proceeding was begun under section 2(a)(3) of this
chapter, the hearing date set under subsection (a) must be more than
one (1) day but less than fourteen (14) days from the date of notice.
 
(c) If the proceeding was begun under section 2(a)(1) or 2(a)(2) of
this chapter, the hearing shall be held within ten (10) days after
issuance of the order.
[Pre-1992 Revision Citation: 16-14-9.1-9(b) part.]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-6-5
Hearing site
 
Sec. 5. The court may hold the hearing at a facility or
other suitable place not likely to have a harmful effect on the
individual's health or well-being.
[Pre-1992 Revision Citation: 16-14-9.1-9(b) part.]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-6-6
Appointment of physician; examination of individual; report
 
Sec. 6. The court may appoint a physician to do the
following:
(1) Examine the individual.
(2) Report, before the hearing, the physician's opinion as to the
following:
(A) Whether the individual is mentally ill and either dangerous
or gravely disabled.
(B) Whether the individual needs temporary commitment to a
facility for diagnosis, care, and treatment.
[Pre-1992 Revision Citation: 16-14-9.1-9(c) part.]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-6-7
Report; dismissal of petition
 
Sec. 7. If a report made under section 6 of this chapter
is that the individual is not either dangerous or gravely disabled, the
court may terminate the proceedings and dismiss the petition.
Otherwise, the hearing shall proceed as scheduled or as continued by
the court.
[Pre-1992 Revision Citation: 16-14-9.1-9(c) part.]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-6-8
Order of commitment
 
Sec. 8. (a) If, upon the completion of the hearing and
consideration of the record, the court finds that the individual is
mentally ill and either dangerous or gravely disabled, the court may
order the individual to:
(1) be committed to an appropriate facility; or
(2) enter an outpatient treatment program under 
IC 12-26-14
 for
a period of not more than ninety (90) days.
 
(b) The court's order must require that the superintendent of the
facility or the attending physician file a treatment plan with the court
within fifteen (15) days of the individual's admission to the facility
under a commitment order.
 
(c) If the commitment ordered under subsection (a) is to a state
institution administered by the division of mental health and addiction,
the record of commitment proceedings must include a report from a
community mental health center stating both of the following:
(1) That the community mental health center has evaluated the
individual.
(2) That commitment to a state institution administered by the
division of mental health and addiction under this chapter is
appropriate.
 
(d) The physician who makes the statement required by section 2(c)
of this chapter may be affiliated with the community mental health
center that submits to the court the report required by subsection (c).
 
(e) If a commitment ordered under subsection (a) is to a state
institution administered by the division of disability, aging, and
rehabilitative services, the record of commitment proceedings must
include a report from a service coordinator employed by the division
of disability, aging, and rehabilitative services stating that, based on a
diagnostic assessment of the individual, commitment to a state
institution administered by the division of disability, aging, and
rehabilitative services under this chapter is appropriate.
 
(f) If the court makes a finding under subsection (a) (including a
finding in reference to a child under 
IC 31-37-18-3
), the court shall
transmit any information required by the office of judicial
administration to the office of judicial administration for transmission
to the NICS (as defined in 
IC 35-47-2.5-2.5
) in accordance with 
IC 33-24-6-3
.
[Pre-1992 Revision Citation: 16-14-9.1-9(h).]
As added by P.L.2-1992, SEC.20. Amended by P.L.40-1994,
SEC.57; P.L.6-1995, SEC.24; P.L.24-1997, SEC.57; P.L.215-2001,
SEC.72; P.L.141-2006, SEC.67; P.L.110-2009, SEC.7; P.L.161-2018,
SEC.32; P.L.9-2020, SEC.7; P.L.122-2026, SEC.74.
 
IC 12-26-6-9
Discharge before end of commitment period; notification of court
 
Sec. 9. (a) Unless the court has entered an order under

IC 12-26-12-1
, the superintendent or the attending physician may
discharge the individual before the end of the commitment period if the
superintendent or attending physician determines that the individual is
not mentally ill and either dangerous or gravely disabled.
 
(b) If an individual is discharged under subsection (a), the
superintendent or the attending physician shall notify the court, and the
court shall enter an order terminating the commitment.
[Pre-1992 Revision Citation: 16-14-9.1-9(i).]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-6-10
Additional commitment period; proceedings
 
Sec. 10. (a) The period of commitment of an
individual under this chapter may be extended for one (1) additional
period of not more than ninety (90) days through a proceeding under
this section.
 
(b) A proceeding under this section must be begun before the end
of the first period of commitment.
 
(c) A proceeding under this section may be begun by filing with the
court a report by the attending physician or superintendent that states
that the individual continues to be:
(1) mentally ill and either dangerous or gravely disabled; and
(2) in need of continuing custody, care, or treatment in the facility
for an additional period of not more than ninety (90) days.
 
(d) Upon receiving a report under subsection (c), the court shall set
a hearing on the report.
 
(e) The hearing required by subsection (d) must be held before the
end of the current commitment period.
 
(f) Notice of the hearing required by subsection (d) shall be given
to the committed individual and all other interested individuals at least
five (5) days before the hearing date.
 
(g) A committed individual's rights and a petitioner's rights and
hearing procedures are the same as those provided for the first period
of commitment.
 
(h) If at the completion of the hearing and the consideration of the
record the individual is found to be:
(1) mentally ill and either dangerous or gravely disabled; and
(2) in need of continuing custody, care, or treatment in the
facility;
the court may order the individual's continuing custody, care, or
treatment in the facility for one (1) additional period of not more than
ninety (90) days.
[Pre-1992 Revision Citation: 16-14-9.1-9(j).]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-6-11
Report required of facility superintendent or attending physician before
end of commitment period
 
Sec. 11. At least twenty (20) days before the end of
the first or second temporary commitment period, the superintendent
of the facility or the attending physician shall make a report to the court
that states all of the following:
(1) The mental condition of the individual.
(2) Whether the individual is dangerous or gravely disabled.
(3) Whether the individual needs continuing care and treatment
in a facility for a period of more than ninety (90) days.
[Pre-1992 Revision Citation: 16-14-9.1-10(a) part.]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-7
Chapter 7. Regular Commitment

12-26-7-1
Application of chapter
 
12-26-7-2
Application of section; commitment of persons
apparently suffering from chronic mental illness;
initiation of proceedings; petition
 
12-26-7-3
Petition; physician's written statement; reports
 
12-26-7-4
Hearing date; rights of subject individual; hearing
procedures
 
12-26-7-5
Finding that individual is mentally ill and either
dangerous or gravely disabled; order for
treatment; duration of order; transmittal of
information to NICS
 
IC 12-26-7-1
Application of chapter
 
Sec. 1. This chapter applies to a proceeding for
commitment of an individual:
(1) alleged to be mentally ill and either dangerous or gravely
disabled; and
(2) whose commitment is reasonably expected to require custody,
care, or treatment in a facility for more than ninety (90) days.
[Pre-1992 Revision Citation: 16-14-9.1-10(a) part.]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-7-2
Application of section; commitment of persons apparently suffering
from chronic mental illness; initiation of proceedings; petition
 
Sec. 2. (a) This section does not apply to the
commitment of an individual if the individual has previously been
committed under 
IC 12-26-6
.
 
(b) A proceeding for the commitment of an individual who appears
to be suffering from a chronic mental illness may be begun by filing
with a court having jurisdiction a written petition by any of the
following:
(1) A health officer.
(2) A police officer.
(3) A friend of the individual.
(4) A relative of the individual.
(5) The spouse of the individual.
(6) A guardian of the individual.
(7) The superintendent of a facility where the individual is
present.
(8) A prosecuting attorney in accordance with 
IC 35-36-2-4
.
(9) A prosecuting attorney or the attorney for a county office if
civil commitment proceedings are initiated under 
IC 31-34-19-3

or 
IC 31-37-18-3
.
(10) A third party that contracts with the division of mental health
and addiction to provide competency restoration services to a
defendant under 
IC 35-36-3-3
 or 
IC 35-36-3-4
.
[Pre-1992 Revision Citation: 16-14-9.1-10(b) part.]
As added by P.L.2-1992, SEC.20. Amended by P.L.4-1993,
SEC.203; P.L.5-1993, SEC.216; P.L.1-1997, SEC.86; P.L.77-2004,
SEC.1.
 
IC 12-26-7-3
Petition; physician's written statement; reports
 
Sec. 3. (a) A petition filed under section 2 of this
chapter must include a physician's written statement that states both of
the following:
(1) The physician has examined the individual within the past
thirty (30) days.
(2) The physician believes that the individual is:
(A) mentally ill and either dangerous or gravely disabled; and
(B) in need of custody, care, or treatment in a facility for a
period expected to be more than ninety (90) days.
 
(b) If the commitment is to a state institution administered by the
division of mental health and addiction, the record of the proceedings
must include a report from a community mental health center stating
both of the following:
(1) The community mental health center has evaluated the
individual.
(2) Commitment to a state institution administered by the division
of mental health and addiction under this chapter is appropriate.
 
(c) The physician who makes the statement required by subsection
(a) may be affiliated with the community mental health center that
makes the report required by subsection (b).
 
(d) If a commitment ordered under subsection (a) is to a state
institution administered by the division of disability, aging, and
rehabilitative services, the record of commitment proceedings must
include a report from a service coordinator employed by the division
of disability, aging, and rehabilitative services stating that, based on a
diagnostic assessment of the individual, commitment to a state
institution administered by the division of disability, aging, and
rehabilitative services under this chapter is appropriate.
[Pre-1992 Revision Citation: 16-14-9.1-10(b) part.]
As added by P.L.2-1992, SEC.20. Amended by P.L.40-1994,
SEC.58; P.L.6-1995, SEC.25; P.L.24-1997, SEC.58; P.L.215-2001,
SEC.73; P.L.141-2006, SEC.68; P.L.9-2020, SEC.8; P.L.122-2026,
SEC.75.
 
IC 12-26-7-4
Hearing date; rights of subject individual; hearing procedures
 
Sec. 4. (a) Upon receiving:
(1) a petition under section 2 of this chapter; or
(2) a report under 
IC 12-26-6-11
 that recommends treatment in a
facility for more than ninety (90) days;
the court shall enter an order setting a hearing date.
 
(b) If an individual is currently under a commitment order, the
hearing required by subsection (a) must be held before the expiration
of the current commitment period. Notice of a hearing under this
subsection shall be given to the individual and all other interested
persons at least five (5) days before the hearing date.
 
(c) The rights of an individual who is the subject of a proceeding
under this chapter and of a petitioner are the same as provided in 
IC 12-26-6
.
 
(d) Hearing procedures are the same as those provided in 
IC 12-26-6
.
[Pre-1992 Revision Citation: 16-14-9.1-10(c).]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-7-5
Finding that individual is mentally ill and either dangerous or gravely
disabled; order for treatment; duration of order; transmittal of
information to NICS
 
Sec. 5. (a) If at the completion of the hearing and the
consideration of the record an individual is found to be mentally ill and
either dangerous or gravely disabled, the court may enter either of the
following orders:
(1) For the individual's custody, care, or treatment, or continued
custody, care, or treatment in an appropriate facility.
(2) For the individual to enter an outpatient therapy program
under 
IC 12-26-14
.
 
(b) An order entered under subsection (a) continues until any of the
following occurs:
(1) The individual has been:
(A) discharged from the facility; or
(B) released from the therapy program.
(2) The court enters an order:
(A) terminating the commitment; or
(B) releasing the individual from the therapy program.
 
(c) If the court makes a finding under subsection (a), the court shall
transmit any information required by the office of judicial
administration to the office of judicial administration for transmission
to the NICS (as defined in 
IC 35-47-2.5-2.5
) in accordance with 
IC 33-24-6-3
.
[Pre-1992 Revision Citation: 16-14-9.1-10(d).]
As added by P.L.2-1992, SEC.20. Amended by P.L.110-2009,
SEC.8; P.L.161-2018, SEC.33.
 
IC 12-26-8
Chapter 8. Commitment of a Child

12-26-8-1
Appointment of advocate or guardian; persons
authorized to be appointed as advocate;
representation and protection of child's best
interests
 
12-26-8-2
Advocate; officer of juvenile court
 
12-26-8-3
Representation of advocate by counsel;
appointment of counsel
 
12-26-8-4
Commitment of child; review by advocate;
assistance provided by facility warden
 
12-26-8-5
Advocate reviews; report; recipients of report
 
12-26-8-6
Advocate; access to reports relevant to child;
confidential reports
 
12-26-8-7
Payment of fees to be made under 
IC 31-40
 
12-26-8-8
Obligations of county offices to children under
custody or supervision committed to state
institutions
 
12-26-8-9
Repealed
 
IC 12-26-8-1
Appointment of advocate or guardian; persons authorized to be
appointed as advocate; representation and protection of child's best
interests
 
Sec. 1. (a) A juvenile court that conducts a proceeding
under this article shall appoint a court appointed special advocate, a
guardian ad litem, or both for the child before the court begins a
proceeding under this article.
 
(b) An advocate is not required to be an attorney.
 
(c) An attorney representing the child may be appointed as the
child's advocate.
 
(d) The court may not appoint any of the following to be a child's
advocate:
(1) A party to the proceeding.
(2) An employee of a party to the proceeding.
(3) A representative of a party to the proceeding.
 
(e) An advocate shall represent and protect the best interests of the
child.
[Pre-1992 Revision Citations: subsection (a) formerly
16-14-9.1-5.5(a) part; subsection (b) formerly 16-14-9.1-5.5(a) part;
subsection (c) formerly 16-14-9.1-5.5(a) part; subsection (d)
formerly 16-14-9.1-5.5(g); subsection (e) formerly 16-14-9.1-5.5(b)
part.]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-8-2
Advocate; officer of juvenile court
 
Sec. 2. A child's advocate is an officer of the juvenile
court for the purpose of representing the child's interests.
[Pre-1992 Revision Citation: 16-14-9.1-5.5(e).]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-8-3
Representation of advocate by counsel; appointment of counsel
 
Sec. 3. (a) A child's advocate may be represented by
an attorney.
 
(b) If necessary to protect the child's interests, the juvenile court
may appoint an attorney to represent an advocate of a child. The court
may appoint only one (1) attorney under this subsection.
[Pre-1992 Revision Citation: 16-14-9.1-5.5(d).]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-8-4
Commitment of child; review by advocate; assistance provided by
facility warden
 
Sec. 4. (a) Within thirty (30) days after a child is first
committed to a facility by a juvenile court, the child's advocate shall do
all of the following:
(1) Visit the facility.
(2) Evaluate the services delivered to the child.
(3) Evaluate whether the commitment continues to be appropriate
for the child.
 
(b) The child's advocate shall conduct a review similar to that
required under subsection (a):
(1) sixty (60) days after the child is first committed;
(2) six (6) months after the child is first committed; and
(3) every six (6) months after the review required by subdivision
(2).
 
(c) The warden of the facility shall provide necessary assistance to
carry out the reviews required by this section.
[Pre-1992 Revision Citation: 16-14-9.1-5.5(b) part.]
As added by P.L.2-1992, SEC.20. Amended by P.L.67-2017,
SEC.11.
 
IC 12-26-8-5
Advocate reviews; report; recipients of report
 
Sec. 5. The child's advocate shall submit a report of
each review required by section 4 of this chapter to all of the following:
(1) The committing juvenile court.
(2) The warden of the facility.
(3) A county office that has wardship of the child.
(4) Each party to the commitment proceeding.
[Pre-1992 Revision Citation: 16-14-9.1-5.5(b) part.]
As added by P.L.2-1992, SEC.20. Amended by P.L.4-1993,
SEC.204; P.L.5-1993, SEC.217; P.L.67-2017, SEC.12.
 
IC 12-26-8-6
Advocate; access to reports relevant to child; confidential reports
 
Sec. 6. (a) A child's advocate shall be given access to
all reports relevant to the child.
 
(b) 
IC 31-39-2
 applies to the release of reports that are confidential
under 
IC 31-39-1
.
[Pre-1992 Revision Citation: 16-14-9.1-5.5(h).]
As added by P.L.2-1992, SEC.20. Amended by P.L.1-1997,
SEC.87.
 
IC 12-26-8-7
Payment of fees to be made under IC 31-40
 
Sec. 7. Payment of any fees shall be made under 
IC 31-40
.
[Pre-1992 Revision Citation: 16-14-9.1-5.5(c).]
As added by P.L.2-1992, SEC.20. Amended by P.L.1-1997,
SEC.88.
 
IC 12-26-8-8
Obligations of county offices to children under custody or supervision
committed to state institutions
 
Sec. 8. If a child under the custody or supervision of
a county office is committed to a state institution, the court may not
release the county office from the county office's obligations to the
child unless the court appoints a guardian for the child under 
IC 12-26-16
.
[Pre-1992 Revision Citation: 16-14-9.1-11.5.]
As added by P.L.2-1992, SEC.20. Amended by P.L.4-1993,
SEC.205; P.L.5-1993, SEC.218.
 
IC 12-26-8-9
Repealed
[Pre-1992 Revision Citation: 16-14-9.1-10(i).]
As added by P.L.2-1992, SEC.20. Amended by P.L.4-1993,
SEC.206; P.L.5-1993, SEC.219; P.L.1-1997, SEC.89; P.L.146-2008,
SEC.417. Repealed by P.L.128-2012, SEC.18.
 
IC 12-26-9
Chapter 9. Commitment to Facilities Owned by the United States
Government

12-26-9-1
Federal department defined
 
12-26-9-2
Federal facility defined
 
12-26-9-3
Court communications with federal department
concerning availability of federal facilities and
individual's eligibility for commitment
 
12-26-9-4
Commitment to federal facility
 
12-26-9-5
Admission to federal facility; individual subject
to rules and regulations of the facility
 
12-26-9-6
Federal facility hospital officers; powers with
respect to detention and custody of individuals
 
IC 12-26-9-1
Federal department defined
 
Sec. 1. As used in this chapter, "federal department"
refers to the United States Department of Veterans Affairs.
[1992 Revision Citation: New.]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-9-2
Federal facility defined
 
Sec. 2. As used in this chapter, "federal facility" refers
to a facility owned by the United States.
[1992 Revision Citation: New.]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-9-3
Court communications with federal department concerning availability
of federal facilities and individual's eligibility for commitment
 
Sec. 3. If it is determined in a proceeding under this
article that an individual:
(1) is mentally ill and either dangerous or gravely disabled;
(2) should be committed to a facility for custody, care, and
treatment; and
(3) is a veteran who may be eligible for treatment in a federal
facility;
the court may communicate with the federal department concerning the
availability of federal facilities and the individual's eligibility to be
committed to a federal facility.
[Pre-1992 Revision Citation: 16-14-9.1-15(a).]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-9-4
Commitment to federal facility
 
Sec. 4. Upon receiving information concerning
availability and eligibility from the federal department, the court may
commit an individual to a federal facility.
[Pre-1992 Revision Citation: 16-14-9.1-15(b) part.]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-9-5
Admission to federal facility; individual subject to rules and
regulations of the facility
 
Sec. 5. Upon admission to a federal facility, an
individual is subject to the rules and regulations of the federal facility.
[Pre-1992 Revision Citation: 16-14-9.1-15(b) part.]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-9-6
Federal facility hospital officers; powers with respect to detention and
custody of individuals
 
Sec. 6. The hospital officers of a federal facility have
the same powers exercised by a superintendent under this article with
respect to the detention and custody of an individual.
[Pre-1992 Revision Citation: 16-14-9.1-15(b) part.]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-10
Chapter 10. Care Pending Admission to a Facility

12-26-10-1
Court consultation with facility superintendent or
attending physician
 
12-26-10-2
Temporary placement; least restrictive suitable
facility
 
12-26-10-3
Confinement in county jail
 
12-26-10-4
Order that assistance be furnished and paid for
out of county general fund
 
IC 12-26-10-1
Court consultation with facility superintendent or attending physician
 
Sec. 1. If an individual is committed to a facility, the
court shall consult with the superintendent or the attending physician
concerning the method of caring for the individual pending admission
to the facility.
[Pre-1992 Revision Citation: 16-14-9.1-16(a) part.]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-10-2
Temporary placement; least restrictive suitable facility
 
Sec. 2. The court may order temporary placement of
the individual in the least restrictive suitable facility pending admission
to a facility.
[Pre-1992 Revision Citation: 16-14-9.1-16(b).]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-10-3
Confinement in county jail
 
Sec. 3. An individual may not be confined in a
county jail unless all the following apply:
(1) The individual is found to be dangerous and violent.
(2) There is no other suitable facility available pending admission
to a facility.
(3) The court so orders.
[Pre-1992 Revision Citation: 16-14-9.1-16(c).]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-10-4
Order that assistance be furnished and paid for out of county general
fund
 
Sec. 4. If the comfort and the care of an individual
are not otherwise provided:
(1) from the individual's estate;
(2) by the individual's relatives or friends; or
(3) through financial assistance from the department of child
services or the division of family resources;
the court may order the assistance furnished and paid for out of the
general fund of the county.
[Pre-1992 Revision Citation: 16-14-9.1-16(a) part.]
As added by P.L.2-1992, SEC.20. Amended by P.L.4-1993,
SEC.207; P.L.5-1993, SEC.220; P.L.145-2006, SEC.126;
P.L.146-2008, SEC.418.
 
IC 12-26-11
Chapter 11. Transfer of an Individual

12-26-11-1
Transfers; facilities to which transfers may be
made; best interest of individual transferred or
other patients
 
12-26-11-2
Declining to admit individual; grounds
 
12-26-11-3
Medical and treatment records; providing copies
to facilities to which individuals transferred
 
12-26-11-3.5
Transfer from state institution to nonstate
community or facility; planning and facilitating
transition
 
12-26-11-4
Notice of transfer; persons notified
 
12-26-11-5
Transfer to substantially more restrictive
environment; administrative hearing
 
12-26-11-6
Petition to set aside transfer
 
IC 12-26-11-1
Transfers; facilities to which transfers may be made; best interest of
individual transferred or other patients
 
Sec. 1. The superintendent of a facility to which an
individual was committed under 
IC 12-26-6
 or 
IC 12-26-7
 or to which
the individual's commitment was transferred under this chapter, may
transfer the commitment of the individual to:
(1) a state institution;
(2) a community mental health center;
(3) a community intellectual disability and other developmental
disabilities center;
(4) a federal facility;
(5) a psychiatric unit of a hospital licensed under 
IC 16-21
;
(6) a private psychiatric facility licensed under 
IC 12-25
;
(7) a community residential program for the developmentally
disabled described in 
IC 12-11-1.1-1
(e)(1) or 
IC 12-11-1.1-1
(e)(2); or
(8) an intermediate care facility for individuals with intellectual
disabilities (ICF/IID) that is licensed under 
IC 16-28
 and is not
owned by the state;
if the transfer is likely to be in the best interest of the individual or
other patients.
[Pre-1992 Revision Citation: 16-14-9.1-17(a) part.]
As added by P.L.2-1992, SEC.20. Amended by P.L.2-1993,
SEC.115; P.L.24-1997, SEC.59; P.L.272-1999, SEC.47; P.L.117-2015,
SEC.22; P.L.35-2016, SEC.78.
 
IC 12-26-11-2
Declining to admit individual; grounds
 
Sec. 2. The superintendent of a facility to which the
commitment of an individual is to be transferred may decline to admit
the individual if the superintendent determines that adequate space,
treatment staff, or treatment facilities appropriate to the needs of the
individual are not available.
[Pre-1992 Revision Citation: 16-14-9.1-17(a) part.]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-11-3
Medical and treatment records; providing copies to facilities to which
individuals transferred
 
Sec. 3. If an individual is transferred under section
1 of this chapter, the transferring facility shall provide a copy of the
individual's current medical and treatment records to the facility to
which the commitment of the individual is transferred.
[Pre-1992 Revision Citation: 16-14-9.1-17(b).]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-11-3.5
Transfer from state institution to nonstate community or facility;
planning and facilitating transition
 
Sec. 3.5. If an individual is transferred under
section 1 of this chapter from a state institution administered by the
division of mental health and addiction, the gatekeeper for the
individual shall facilitate and plan, together with the individual and
state institution, the individual's transition to the community or to
another facility if the facility is not a state institution administered by
the division of mental health and addiction.
As added by P.L.6-1995, SEC.26. Amended by P.L.215-2001,
SEC.74.
 
IC 12-26-11-4
Notice of transfer; persons notified
 
Sec. 4. If the commitment of an individual is
transferred to another facility under section 1 of this chapter, the
transferring facility shall give written notice to each of the following:
(1) The individual's legal guardian.
(2) The individual's parents.
(3) The individual's spouse.
(4) The individual's attorney, if any.
[Pre-1992 Revision Citation: 16-14-9.1-17(c) part.]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-11-5
Transfer to substantially more restrictive environment; administrative
hearing
 
Sec. 5. (a) As used in this section, "substantially
more restrictive environment" means another facility or that part of a
facility that is designated as the place providing maximum security for
patients.
 
(b) If the transfer of the commitment of an individual is to a
substantially more restrictive environment, the transferring facility
shall provide the individual with an opportunity for an administrative
hearing within ten (10) days after the transfer.
[Pre-1992 Revision Citation: 16-14-9.1-17(c) part.]
As added by P.L.2-1992, SEC.20. Amended by P.L.40-1994,
SEC.59.
 
IC 12-26-11-6
Petition to set aside transfer
 
Sec. 6. An individual whose commitment is
transferred under section 1 of this chapter may, within thirty (30) days
after the transfer, petition the committing court for an order setting
aside the transfer and ordering the individual and the individual's
medical and treatment records returned to the facility to which the
court originally committed the individual.
[Pre-1992 Revision Citation: 16-14-9.1-17(c) part.]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-12
Chapter 12. Notice of Discharge of an Individual

12-26-12-1
Notification that committed individual will be
discharged
 
12-26-12-2
Request by petitioner for hearing; notification of
superintendent
 
12-26-12-3
Absence of hearing request notice; discharge of
individual
 
12-26-12-4
Receipt by superintendent of hearing request
notice; discharge of individual
 
12-26-12-5
Petition; hearing date; failure to hold timely
hearing; discharge of individual
 
12-26-12-6
Hearing; evidence; procedure; rights of
committed individual
 
12-26-12-7
Finding that individual is not mentally ill and
either dangerous or gravely disabled; discharge
 
12-26-12-8
Appointment of guardian
 
IC 12-26-12-1
Notification that committed individual will be discharged
 
Sec. 1. (a) Except as provided in subsection (c), a
court that orders a commitment may order the superintendent to notify
the petitioner in the commitment proceeding and other person
designated by the court that the committed individual will be
discharged.
 
(b) The notice required under subsection (a) shall be given to the
petitioner 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 mental health
center to notify the person who filed a petition with respect to an
individual committed to the community mental health center.
[Pre-1992 Revision Citations: subsection (a) formerly
16-14-9.1-10.5(a) part; subsection (b) formerly 16-14-9.1-10.5(a)
part; subsection (c) formerly 16-14-9.1-10.5(g).]
As added by P.L.2-1992, SEC.20. Amended by P.L.40-1994,
SEC.60; P.L.188-2013, SEC.18.
 
IC 12-26-12-2
Request by petitioner for hearing; notification of superintendent
 
Sec. 2. (a) Within ten (10) days after receiving a
notice under section 1 of this chapter, the petitioner may file a petition
with the court that ordered the committed individual's commitment
requesting a hearing to determine whether the individual should be
discharged.
 
(b) The petitioner must notify the superintendent of a petition filed
with the court under subsection (a).
[Pre-1992 Revision Citation: 16-14-9.1-10.5(a)
part.]
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 request for a hearing within ten (10) days after notice was given
under section 2 of this chapter, the committed individual shall be
discharged unless the superintendent determines that the individual is
mentally ill and either dangerous or gravely disabled.
[Pre-1992 Revision Citation: 16-14-9.1-10.5(b)
part.]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-12-4
Receipt by superintendent of hearing request notice; discharge of
individual
 
Sec. 4. If the superintendent is notified of a petition
under section 2 of this chapter, the committed individual may not be
discharged except as provided in this chapter.
[Pre-1992 Revision Citation: 16-14-9.1-10.5(b)
part.]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-12-5
Petition; hearing date; failure to hold timely hearing; discharge of
individual
 
Sec. 5. (a) If the court receives a petition under
section 2 of this chapter, the court shall set a hearing date.
 
(b) The hearing date set under subsection (a) must be within twenty
(20) days after the petition is filed.
 
(c) If a hearing is not held within twenty (20) days of the filing of
the petition, the committed individual shall be discharged unless either
of the following apply:
(1) The individual agrees to a continuance.
(2) The superintendent determines that the individual is mentally
ill and either dangerous or gravely disabled.
[Pre-1992 Revision Citation: 16-14-9.1-10.5(c).]
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 the
committed 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 provided in

IC 12-26-6
.
[Pre-1992 Revision Citation: 16-14-9.1-10.5(d).]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-12-7
Finding that individual is not mentally ill and either dangerous or
gravely disabled; discharge
 
Sec. 7. The court shall order the discharge of a
committed individual and terminate the commitment if the court finds
that the individual is not mentally ill and either dangerous or gravely
disabled.
[Pre-1992 Revision Citation: 16-14-9.1-10.5(e).]
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
committed individual under section 7 of this chapter, the court may
appoint a guardian to provide for the individual's continued care.
[Pre-1992 Revision Citation: 16-14-9.1-10.5(f).]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-13
Chapter 13. Leave From Confinement and Discharge

12-26-13-1
Leave of absence; best interest of committed
individual
 
12-26-13-2
Discharge notice given to committing court;
record entry by court
 
IC 12-26-13-1
Leave of absence; best interest of committed individual
 
Sec. 1. The superintendent of a facility may grant a
committed individual a leave of absence from confinement in the
facility for a period designated by the superintendent if the
superintendent or an attending physician determines that the leave of
absence is in the best interest of the individual.
[Pre-1992 Revision Citation: 16-14-9.1-21.]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-13-2
Discharge notice given to committing court; record entry by court
 
Sec. 2. Upon the discharge of an individual
committed under this article, the superintendent of the facility shall
notify the committing court of the date of the discharge. The court shall
make an entry on the record indicating the date of discharge.
[Pre-1992 Revision Citation: 16-14-9.1-18.]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-14
Chapter 14. Outpatient Therapy

12-26-14-1
Ordering individual to enter outpatient therapy
program; findings authorizing order
 
12-26-14-2
Representation by program representative that
individual may enter program
 
12-26-14-3
Ordering compliance with program
 
12-26-14-4
Reasonable belief that individual has failed to
comply with program; notice to court; transfer
from outpatient program; transfer to sub-acute
stabilization program; jail or prison
 
12-26-14-5
Noncompliance notification; reopening
commitment proceeding; review of transfer to
sub-acute stabilization program
 
12-26-14-6
Order to enter therapy; review of order and
release from program; intervals and conditions
 
12-26-14-7
Committed individuals; placement on outpatient
status for remainder of commitment period
 
12-26-14-8
Committed individual placed on outpatient status;
compliance with program
 
12-26-14-9
Failure to comply with program; return to facility
or transfer to sub-acute stabilization program
 
12-26-14-10
Return to facility; hearing; hearing officer; appeal
to committing court
 
IC 12-26-14-1
Ordering individual to enter outpatient therapy program; findings
authorizing order
 
Sec. 1. If a hearing has been held under 
IC 12-26-6

or 
IC 12-26-7
 and 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 is
designed to decrease the individual's dangerousness or disability;
(3) not likely to be either dangerous or gravely disabled if the
individual complies with the therapy program; and
(4) recommended for an outpatient therapy program by the
individual's examining physician;
the court may order the individual to enter a therapy program as an
outpatient.
[Pre-1992 Revision Citation: 16-14-9.1-20.5(a).]
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 may enter
program
 
Sec. 2. Before the court may issue an order under
section 1 of this chapter, a representative of an outpatient therapy
program approved by the court must represent to the court that the
individual may enter that program immediately.
[Pre-1992 Revision Citation: 16-14-9.1-20.5(b).]
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 an outpatient therapy program under section 1 of this chapter
to do the following:
(1) Follow the therapy program the individual enters.
(2) Attend each medical and psychiatric appointment made for the
individual.
(3) Reside at a location determined by the court.
(4) Comply with other conditions determined by the court.
[Pre-1992 Revision Citation: 16-14-9.1-20.5(c).]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-14-4
Reasonable belief that individual has failed to comply with program;
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 the treatment, supervision, or care of an individual ordered to enter
an outpatient therapy program under section 1 of this chapter has
reason to believe that the individual has failed to comply with the
requirements 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 be
transferred from the outpatient therapy program to one (1) of the
following:
(1) The inpatient unit of the facility that has the original
commitment.
(2) A community based residential program under 
IC 12-22-2-3.5
.
 
(c) The individual may not be transferred to a community based
residential program under 
IC 12-22-2-3.5
 unless in the opinion of the
individual's attending physician:
(1) it is not necessary for the individual to receive acute care
inpatient treatment; and
(2) the individual is in need of a community based residential
program under 
IC 12-22-2-3.5
.
 
(d) The individual may not be imprisoned or confined in a jail or
correctional facility unless the individual has been placed under arrest.
 
(e) A facility to which an individual is transferred under subsection
(b) shall immediately notify the court of the transfer. A transfer to a
facility under subsection (b) is subject to review under section 6 of this
chapter upon petition by the individual who was transferred.
[Pre-1992 Revision Citation: 16-14-9.1-20.5(d).]
As added by P.L.2-1992, SEC.20. Amended by P.L.62-1993,
SEC.10; P.L.6-1995, SEC.27; P.L.143-2011, SEC.29.
 
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 this chapter, the court shall reopen the original commitment
proceeding and determine whether the:
(1) individual:
(A) has failed to comply with the requirements of section 3 of
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 outpatient
commitment, subject to an additional court order that:
(A) requires a law enforcement officer to apprehend and
transport the individual to a facility for treatment; and
(B) applies:
(i) after notification to the court by the facility or provider
responsible for the individual's commitment; and
(ii) whenever the individual fails to attend a scheduled
outpatient appointment or fails to comply with a condition of
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 validity of the
transfer.
[Pre-1992 Revision Citation: 16-14-9.1-20.5(e).]
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; P.L.9-2024,
SEC.340.
 
IC 12-26-14-6
Order to enter therapy; review of order and release from program;
intervals and conditions
 
Sec. 6. If an individual is ordered to enter a therapy
program under section 1 of this chapter, the individual is entitled to
review of the order and release from the program at the same intervals
and under 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.
[Pre-1992 Revision Citation: 16-14-9.1-20.5(f).]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-14-7
Committed individuals; placement on outpatient status for remainder
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 to
decrease the individual's dangerousness or grave disability;
(3) is not likely to be either dangerous or gravely disabled if the
individual continues to follow the therapy program; and
(4) is recommended for an outpatient therapy program by the
individual's attending or examining physician;
the superintendent of the facility in which the individual is committed
or the court at the time of commitment may place the individual on
outpatient status for the remainder of the individual's commitment
period, subject to the conditions of outpatient therapy programs under
section 8 of this chapter.
[Pre-1992 Revision Citation: 16-14-9.1-20.1(a).]
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 with
program
 
Sec. 8. An individual placed on outpatient status
under section 7 of this chapter may be required to do the following:
(1) Follow the therapy program designed by the facility in which
the individual has been placed.
(2) Attend any medical or psychiatric appointments made for the
individual with respect to the individual's psychiatric condition.
(3) Reside at a place designated by the superintendent.
[Pre-1992 Revision Citation: 16-14-9.1-20.1(b).]
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
physician determines that the individual has failed to comply with the
requirements under section 8 of this chapter and is likely to be
dangerous or gravely disabled, the individual:
(1) may, in accordance with 
IC 12-24-8
, be returned to the facility
to which the individual is committed under this article as an
inpatient; or
(2) may be transferred to a short term sub-acute stabilization
treatment program under this chapter.
[Pre-1992 Revision Citation: 16-14-9.1-20.1(c).]
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 committing court
 
Sec. 10. (a) After an individual has been returned
to the facility to which the individual is committed under this article,
the secretary shall conduct a hearing under 
IC 4-21.5-3
 to determine
whether:
(1) the individual has failed to comply with the requirements
described 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 a
hearing officer appointed by the secretary.
 
(c) An individual may appeal under 
IC 4-21.5-5
 a determination of
the hearing officer by filing a petition with the court that committed the
individual under 
IC 12-26-6
 or 
IC 12-26-7
.
[Pre-1992 Revision Citation: 16-14-9.1-20.1(d).]
As added by P.L.2-1992, SEC.20. Amended by P.L.35-2016,
SEC.79.
 
IC 12-26-15
Chapter 15. Review of Commitment

12-26-15-1
Annual review; contents; filing with court;
notice; report on individual committed after
verdict of not responsible by reason of insanity
 
12-26-15-2
Receipt by court of review; options; appointment
of guardian
 
12-26-15-3
Requesting hearing for review or dismissal of
commitment or order; frequency of commitment
reviews; hearing date
 
12-26-15-4
Rights of committed individual; hearing
procedures
 
12-26-15-5
Discharge before end of commitment period or
court ordered therapy program period; notice to
court of discharge or release from therapy
program
 
IC 12-26-15-1
Annual review; contents; filing with court; notice; report on individual
committed after verdict of not responsible by reason of insanity
 
Sec. 1. (a) At least annually, and more often if
directed by the court, the superintendent of the facility or the attending
physician including the superintendent or attending physician of an
outpatient therapy program, shall file with the court a review of the
individual's care and treatment. The review must contain a statement
of the following:
(1) The mental condition of the individual.
(2) Whether the individual is dangerous or gravely disabled.
(3) Whether the individual:
(A) needs to remain in the facility; or
(B) may be cared for under a guardianship.
 
(b) If the court has entered an order under 
IC 12-26-12-1
, the
superintendent or the attending physician shall give notice of the
review to the petitioner in the individual's commitment proceeding and
other persons that were designated by the court under 
IC 12-26-12-1
 or
as provided in this section.
 
(c) If an individual has been committed under 
IC 35-36-2-4
, the
superintendent of the facility or the attending physician shall:
(1) file with the court the report described in subsection (a) every
six (6) months, or more often if directed by the court; and
(2) notify the court, the petitioner, and any other person or
persons designated by the court under this section:
(A) at least ten (10) days before, or as soon as practicable in
case of an emergency, when:
(i) the committed individual is allowed outside the facility or
the grounds of the facility not under custodial supervision;
(ii) the committed individual is transferred to another facility
and the location of that facility; or
(iii) the committed individual is discharged or the
individual’s commitment is otherwise terminated; and
(B) as soon as practicable if the committed individual escapes.
 
(d) The court may designate as a person or persons to receive the
notices provided in this section a person or persons who suffered harm
as the result of a crime for which the committed individual was on trial.
 
(e) The court may designate as a person or persons to receive the
notices provided in this section:
(1) an individual or individuals described in subsection (d); or
(2) a designated representative if the person or persons described
in subsection (d) are incompetent, deceased, less than eighteen
(18) years of age, or otherwise incapable of receiving or
understanding a notice provided for in this section.
 
(f) A commitment order issued by a court under 
IC 35-36-2-4
 and
this article must include the following:
(1) The mailing address, electronic mail address, facsimile
number, and telephone number of the following:
(A) The petitioner who filed the petition under 
IC 35-36-2-4
.
(B) Any other person designated by the court.
(2) The notice requirements set forth in this section.
[Pre-1992 Revision Citation: 16-14-9.1-10(e).]
As added by P.L.2-1992, SEC.20. Amended by P.L.40-1994,
SEC.61; P.L.77-2004, SEC.2.
 
IC 12-26-15-2
Receipt by court of review; options; appointment of guardian
 
Sec. 2. (a) Upon receipt of the report required by
section 1 of this chapter, the court shall do one (1) of the following:
(1) Order the individual's continued custody, care, and treatment
in the appropriate facility or therapy program.
(2) Terminate the commitment or release the individual from the
therapy program.
(3) Conduct a hearing under 
IC 12-26-12
.
 
(b) The court may, in order to make provision for the individual's
continued care, appoint a guardian for the individual.
[Pre-1992 Revision Citation: 16-14-9.1-10(f).]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-15-3
Requesting hearing for review or dismissal of commitment or order;
frequency of commitment reviews; hearing date
 
Sec. 3. (a) Upon receiving a copy of the court order,
the individual or the individual's representative may request a hearing
for review or dismissal of the commitment or order concerning the
therapy program. The right to review of the regular commitment or
therapy order is limited to one (1) review each year, unless the court
determines that there is good cause for an additional review.
 
(b) When a hearing request is received, the court shall set a hearing
date and provide at least five (5) days notice to all of the following:
(1) The individual.
(2) The individual's counsel.
(3) Other interested parties.
[Pre-1992 Revision Citation: 16-14-9.1-10(g).]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-15-4
Rights of committed individual; hearing procedures
 
Sec. 4. (a) The rights of a committed individual are
the same as those provided in 
IC 12-26-6
.
 
(b) Hearing procedures for a hearing under this chapter are the same
as those provided in 
IC 12-26-6
.
[Pre-1992 Revision Citation: 16-14-9.1-10(g).]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-15-5
Discharge before end of commitment period or court ordered therapy
program period; notice to court of discharge or release from therapy
program
 
Sec. 5. (a) Unless the court has entered an order
under 
IC 12-26-12
, the individual may be discharged before the end of
the commitment period or court ordered therapy program period if
either of the following apply:
(1) The superintendent or the attending physician determines that
the individual is not mentally ill and either dangerous or gravely
disabled.
(2) The superintendent determines, with the written consent of the
attending physician, that the individual will enter a facility that
provides more appropriate care and treatment immediately
following the individual's discharge.
 
(b) If an individual is discharged or released from a therapy program
under this section, the superintendent or the attending physician shall
notify the court. The court shall enter an order terminating the
commitment or releasing the individual from the therapy program.
[Pre-1992 Revision Citation: 16-14-9.1-10(h).]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-16
Chapter 16. Guardianships

12-26-16-1
Request by subject individual or other interested
party; establishing guardianship instead of
making commitment
 
12-26-16-2
Application of law governing guardianships
 
IC 12-26-16-1
Request by subject individual or other interested party; establishing
guardianship instead of making commitment
 
Sec. 1. At the request of the individual who is the
subject of a proceeding under this article or another interested party,
the court may establish a guardianship for the individual or the
individual's property instead of making or continuing a regular
commitment to a facility under 
IC 12-26-7
 or at any other time.
[Pre-1992 Revision Citation: 16-14-9.1-11 part.]
As added by P.L.2-1992, SEC.20.
 
IC 12-26-16-2
Application of law governing guardianships
 
Sec. 2. A guardianship established under section 1 of
this chapter shall be established under the applicable Indiana law
governing guardianships.
[Pre-1992 Revision Citation: 16-14-9.1-11 part.]
As added by P.L.2-1992, SEC.20.
 
IC 12-27