reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 12. Human Services › Article 25. Licensure of Private Mental Health Institutions › Chapter 1. Licensure Requirement › 12-25-1-6. License Issued Upon Application; Hearing on Application

Sec. 6. (a) The secretary or the secretary's designee may:
(1) issue a license upon an application without further evidence; or
(2) refer the license application for a hearing to determine whether a license should be granted.
(b) If the director refers the license application for a hearing under subsection (a)(2), the secretary shall:
(1) serve as the administrative law judge; or
(2) appoint an administrative law judge to serve as the secretary's designee.
The secretary or the secretary's designee shall conduct a hearing on the referred license application and conduct an investigation to determine whether the license should be granted.
[Pre-1992 Revision Citation: 16-13-2-3(b).]
As added by P.L.2-1992, SEC.19. Amended by P.L.35-2016, SEC.64.
2023 Indiana Code › Title 12. Human Services › Article 25. Licensure of Private Mental Health Institutions › Chapter 1. Licensure Requirement › 12-25-1-7. Finding That License Should Not Be Granted; Notification of Applicant; Reason for Finding

Sec. 7. If after a hearing, the secretary or the secretary's designee finds that a license should not be granted, the secretary or the secretary's designee shall notify the applicant, giving the reason for the finding.
[Pre-1992 Revision Citation: 16-13-2-3(c).]
As added by P.L.2-1992, SEC.19. Amended by P.L.35-2016, SEC.65.
2023 Indiana Code › Title 12. Human Services › Article 25. Licensure of Private Mental Health Institutions › Chapter 1. Licensure Requirement › 12-25-1-8. Hearing; Finding of Compliance; Issuance of License

Sec. 8. If after a hearing, the secretary or the secretary's designee finds that an applicant complies and will in the future comply with this article and the rules adopted under IC 12-21-2-3(5), the director shall issue a license to the applicant to operate the institution.
[Pre-1992 Revision Citation: 16-13-2-3(d).]
As added by P.L.2-1992, SEC.19. Amended by P.L.35-2016, SEC.66.
2023 Indiana Code › Title 12. Human Services › Article 25. Licensure of Private Mental Health Institutions › Chapter 1. Licensure Requirement › 12-25-1-9. License; Duration; Assignability; Premises Covered; Posting; Renewal

Sec. 9. A license to operate an institution:
(1) expires one (1) year after the date of issuance;
(2) is not assignable or transferable;
(3) shall be issued only for the premises named in the application;
(4) shall be posted in a conspicuous place in the institution; and
(5) is renewable on an annual basis.
[Pre-1992 Revision Citation: 16-13-2-3(e).]
As added by P.L.2-1992, SEC.19.
2023 Indiana Code › Title 12. Human Services › Article 25. Licensure of Private Mental Health Institutions › Chapter 2. Suspension or Revocation of License › 12-25-2-1. Grounds

Sec. 1. The director may suspend or revoke a license issued under this article on any of the following grounds:
(1) Violation of a provision of this article or the rules adopted under IC 12-21-2-3(5).
(2) Permitting, aiding, or abetting the commission of an illegal act in the institution.
(3) Conduct or practice found by the director to be detrimental to the welfare of individuals in the institution.
[Pre-1992 Revision Citation: 16-13-2-4 part.]
As added by P.L.2-1992, SEC.19.
2023 Indiana Code › Title 12. Human Services › Article 25. Licensure of Private Mental Health Institutions › Chapter 2. Suspension or Revocation of License › 12-25-2-2. Complaint

Sec. 2. To suspend or revoke a license, the director must file a complaint stating facts constituting grounds for revocation or suspension.
[Pre-1992 Revision Citation: 16-13-2-4 part.]
As added by P.L.2-1992, SEC.19.
2023 Indiana Code › Title 12. Human Services › Article 25. Licensure of Private Mental Health Institutions › Chapter 2. Suspension or Revocation of License › 12-25-2-3. Notice of Hearing

Sec. 3. A licensee is entitled to notice of not less than thirty (30) days of the time and place for a hearing before the secretary or the secretary's designee on the complaint. The notice shall be sent by registered mail to the licensee at the address shown in the licensee's application.
[Pre-1992 Revision Citation: 16-13-2-4 part.]
As added by P.L.2-1992, SEC.19. Amended by P.L.35-2016, SEC.67.
2023 Indiana Code › Title 12. Human Services › Article 25. Licensure of Private Mental Health Institutions › Chapter 2. Suspension or Revocation of License › 12-25-2-4. Representation by Counsel

Sec. 4. The licensee is entitled to be represented by legal counsel at the hearing.
[Pre-1992 Revision Citation: 16-13-2-4 part.]
As added by P.L.2-1992, SEC.19.
2023 Indiana Code › Title 12. Human Services › Article 25. Licensure of Private Mental Health Institutions › Chapter 2. Suspension or Revocation of License › 12-25-2-5. Suspension or Revocation of License After a Hearing

Sec. 5. The secretary or the secretary's designee, after a hearing, may suspend or revoke the license.
[Pre-1992 Revision Citation: 16-13-2-4 part.]
As added by P.L.2-1992, SEC.19. Amended by P.L.35-2016, SEC.68.
2023 Indiana Code › Title 12. Human Services › Article 25. Licensure of Private Mental Health Institutions › Chapter 2. Suspension or Revocation of License › 12-25-2-6. Conditions to Be Met to Resume Operations Following License Suspension

Sec. 6. If the secretary or the secretary's designee suspends a license, the secretary or the secretary's designee may also recommend the conditions to be met by the licensee during the period of suspension to entitle the licensee to resume operation of the institution on the existing license.
[Pre-1992 Revision Citation: 16-13-2-4 part.]
As added by P.L.2-1992, SEC.19. Amended by P.L.35-2016, SEC.69.
2023 Indiana Code › Title 12. Human Services › Article 25. Licensure of Private Mental Health Institutions › Chapter 2. Suspension or Revocation of License › 12-25-2-7. Order Entered in Accordance With Suspension or Revocation

Sec. 7. If the secretary or the secretary's designee suspends or revokes a license, the secretary or the secretary's designee shall enter an order in accordance with the suspension or revocation in which the grounds of the suspension or revocation are set forth.
[Pre-1992 Revision Citation: 16-13-2-4 part.]
As added by P.L.2-1992, SEC.19. Amended by P.L.35-2016, SEC.70.
2023 Indiana Code › Title 12. Human Services › Article 25. Licensure of Private Mental Health Institutions › Chapter 2. Suspension or Revocation of License › 12-25-2-8. Holding Case Under Advisement; Requirements of Licensee to Avoid Suspension or Revocation; Order; Compliance by Licensee

Sec. 8. (a) The secretary or the secretary's designee may, after a hearing, hold a case under advisement and make a recommendation of the requirements to be met by the licensee to avoid suspension or revocation. The secretary or the secretary's designee shall enter an order accordingly and notify the licensee of the finding by registered mail.
(b) If the licensee complies with the order and proves that fact to the satisfaction of the secretary or the secretary's designee, the secretary or the secretary's designee shall enter an order showing satisfactory compliance and dismissing the case because of the compliance.
[Pre-1992 Revision Citation: 16-13-2-4 part.]
As added by P.L.2-1992, SEC.19. Amended by P.L.35-2016, SEC.71.
2023 Indiana Code › Title 12. Human Services › Article 25. Licensure of Private Mental Health Institutions › Chapter 3. Appeal Procedure › 12-25-3-1. Appeals by Applicants or Licensees; Court to Which Appeal Taken; Notice; Bond

Sec. 1. A licensee or an applicant for a license aggrieved by an action of the secretary or the secretary's designee may appeal the action to the circuit or superior court in the county in which the institution in question is located or is proposed to be located by filing a notice and bond in the amount of two hundred dollars ($200) for the payment of costs in the office of the circuit court clerk of the county.
[Pre-1992 Revision Citation: 16-13-2-5 part.]
As added by P.L.2-1992, SEC.19. Amended by P.L.35-2016, SEC.72.
2023 Indiana Code › Title 12. Human Services › Article 25. Licensure of Private Mental Health Institutions › Chapter 3. Appeal Procedure › 12-25-3-2. Notification of Appeal

Sec. 2. The circuit court clerk shall notify the secretary that the appeal has been taken.
[Pre-1992 Revision Citation: 16-13-2-5 part.]
As added by P.L.2-1992, SEC.19. Amended by P.L.35-2016, SEC.73.
2023 Indiana Code › Title 12. Human Services › Article 25. Licensure of Private Mental Health Institutions › Chapter 3. Appeal Procedure › 12-25-3-3. Certification to Court of Copies of Complaint and Order or Application and Order

Sec. 3. The secretary or the secretary's designee shall cause to be certified to the appropriate court a copy of:
(1) the complaint and the order for a suspension or revocation; or
(2) the application and order of refusal of a license.
[Pre-1992 Revision Citation: 16-13-2-5 part.]
As added by P.L.2-1992, SEC.19. Amended by P.L.35-2016, SEC.74.
2023 Indiana Code › Title 12. Human Services › Article 25. Licensure of Private Mental Health Institutions › Chapter 3. Appeal Procedure › 12-25-3-4. Docketing of Case; Parties; No Further Pleadings Necessary

Sec. 4. (a) The case shall be docketed as a civil action, with the applicant or licensee as the plaintiff and the secretary as the defendant.
(b) No further pleading is necessary.
[Pre-1992 Revision Citation: 16-13-2-5 part.]
As added by P.L.2-1992, SEC.19. Amended by P.L.35-2016, SEC.75.
2023 Indiana Code › Title 12. Human Services › Article 25. Licensure of Private Mental Health Institutions › Chapter 3. Appeal Procedure › 12-25-3-5. Jurisdiction of Court; Order

Sec. 5. The court has jurisdiction to the extent that courts exercise jurisdiction over administrative bodies and may enter an order either sustaining the action of the secretary or setting the action aside.
[Pre-1992 Revision Citation: 16-13-2-5 part.]
As added by P.L.2-1992, SEC.19. Amended by P.L.35-2016, SEC.76.
2023 Indiana Code › Title 12. Human Services › Article 25. Licensure of Private Mental Health Institutions › Chapter 3. Appeal Procedure › 12-25-3-6. Certification of Decision

Sec. 6. The circuit court clerk shall certify to the secretary a copy of the decision of the court.
[Pre-1992 Revision Citation: 16-13-2-5 part.]
As added by P.L.2-1992, SEC.19. Amended by P.L.35-2016, SEC.77.
2023 Indiana Code › Title 12. Human Services › Article 25. Licensure of Private Mental Health Institutions › Chapter 3. Appeal Procedure › 12-25-3-7. Appeal by Party Aggrieved by Decision of Court

Sec. 7. An appeal may be made by the aggrieved party from the decision of the court.
[Pre-1992 Revision Citation: 16-13-2-5 part.]
As added by P.L.2-1992, SEC.19.
2023 Indiana Code › Title 12. Human Services › Article 25. Licensure of Private Mental Health Institutions › Chapter 4. Injunction Procedure › 12-25-4-1. Actions to Enjoin Establishing, Conducting, Managing, or Operating Institution Without Having License

Sec. 1. The director may, in accordance with the laws governing injunctions, maintain an action in the name of the state to enjoin a person from establishing, conducting, managing, or operating an institution for the treatment and care of persons with psychiatric disorders, developmental disabilities, convulsive disturbances, or other abnormal mental conditions without having a license as required by this article.
[Pre-1992 Revision Citation: 16-13-2-6 part.]
As added by P.L.2-1992, SEC.19.
2023 Indiana Code › Title 12. Human Services › Article 25. Licensure of Private Mental Health Institutions › Chapter 4. Injunction Procedure › 12-25-4-2. Complaint; Sufficiency of Allegations

Sec. 2. In charging a defendant in a complaint for an injunction, it is sufficient to allege that the person did upon a certain day and in a certain county establish, conduct, manage, or operate the institution without having a license to do so. The director need not aver any further or more particular facts concerning the matter.
[Pre-1992 Revision Citation: 16-13-2-6 part.]
As added by P.L.2-1992, SEC.19.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › 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

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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 1. Jurisdiction and Procedure › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 1. Jurisdiction and Procedure › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 1. Jurisdiction and Procedure › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 1. Jurisdiction and Procedure › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 1. Jurisdiction and Procedure › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 1. Jurisdiction and Procedure › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 1. Jurisdiction and Procedure › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 1. Jurisdiction and Procedure › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 1. Jurisdiction and Procedure › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 1. Jurisdiction and Procedure › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 1. Jurisdiction and Procedure › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 2. Rights of Persons › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 2. Rights of Persons › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 2. Rights of Persons › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 2. Rights of Persons › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 2. Rights of Persons › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 2. Rights of Persons › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 2. Rights of Persons › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 2. Rights of Persons › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 2. Rights of Persons › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 3. Voluntary Treatment › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 3. Voluntary Treatment › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 3. Voluntary Treatment › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 3. Voluntary Treatment › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 3. Voluntary Treatment › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 3. Voluntary Treatment › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 3. Voluntary Treatment › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 3. Voluntary Treatment › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 3. Voluntary Treatment › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 4. Repealed

[Pre-1992 Revision Citations:
12-26-4-1formerly 16-14-9.1-6.5(a) part12-26-4-1.5New12-26-4-2formerly 16-14-9.1-6.5(a) part12-26-4-3formerly 16-14-9.1-6.5(a) part12-26-4-4formerly 16-14-9.1-6.5(a) part12-26-4-5formerly 16-14-9.1-6.5(b) part12-26-4-6formerly 16-14-9.1-6.5(b) part12-26-4-7formerly 16-14-9.1-6.5(b) part12-26-4-8formerly 16-14-9.1-6.5(c)12-26-4-9New.]
Repealed by P.L.205-2023, SEC.8.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › 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

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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 5. Emergency Detention › 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 the individual has been examined by a physician, an advanced practice registered nurse, or a physician assistant, and that based on this examination, or based on other information provided to the physician, advanced practice registered nurse, or physician assistant, the applicant believes 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.
(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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 5. Emergency Detention › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 5. Emergency Detention › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 5. Emergency Detention › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 5. Emergency Detention › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 5. Emergency Detention › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 5. Emergency Detention › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 5. Emergency Detention › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 5. Emergency Detention › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 5. Emergency Detention › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 5. Emergency Detention › 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.