reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 5. Emergency Detention › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 5. Emergency Detention › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 6. Temporary Commitment › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 6. Temporary Commitment › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 6. Temporary Commitment › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 6. Temporary Commitment › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 6. Temporary Commitment › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 6. Temporary Commitment › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 6. Temporary Commitment › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 6. Temporary Commitment › 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 and rehabilitative services, the record of commitment proceedings must include a report from a service coordinator employed by the division of disability and rehabilitative services stating that, based on a diagnostic assessment of the individual, commitment to a state institution administered by the division of disability 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 6. Temporary Commitment › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 6. Temporary Commitment › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 6. Temporary Commitment › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 7. Regular Commitment › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 7. Regular Commitment › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 7. Regular Commitment › 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 and rehabilitative services, the record of commitment proceedings must include a report from a service coordinator employed by the division of disability and rehabilitative services stating that, based on a diagnostic assessment of the individual, commitment to a state institution administered by the division of disability 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 7. Regular Commitment › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 7. Regular Commitment › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › 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

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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 8. Commitment of a Child › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 8. Commitment of a Child › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 8. Commitment of a Child › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 8. Commitment of a Child › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 8. Commitment of a Child › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 8. Commitment of a Child › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 8. Commitment of a Child › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 8. Commitment of a Child › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 9. Commitment to Facilities Owned by the United States Government › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 9. Commitment to Facilities Owned by the United States Government › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 9. Commitment to Facilities Owned by the United States Government › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 9. Commitment to Facilities Owned by the United States Government › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 9. Commitment to Facilities Owned by the United States Government › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 9. Commitment to Facilities Owned by the United States Government › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 10. Care Pending Admission to a Facility › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 10. Care Pending Admission to a Facility › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 10. Care Pending Admission to a Facility › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 10. Care Pending Admission to a Facility › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › 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

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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 11. Transfer of an Individual › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 11. Transfer of an Individual › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 11. Transfer of an Individual › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 11. Transfer of an Individual › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 11. Transfer of an Individual › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 11. Transfer of an Individual › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 12. Notice of Discharge of an Individual › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 12. Notice of Discharge of an Individual › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 12. Notice of Discharge of an Individual › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 12. Notice of Discharge of an Individual › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 12. Notice of Discharge of an Individual › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 12. Notice of Discharge of an Individual › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 12. Notice of Discharge of an Individual › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 12. Notice of Discharge of an Individual › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 13. Leave From Confinement and Discharge › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 13. Leave From Confinement and Discharge › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 14. Outpatient Therapy › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 14. Outpatient Therapy › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 14. Outpatient Therapy › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 14. Outpatient Therapy › 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.
2023 Indiana Code › Title 12. Human Services › Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals › Chapter 14. Outpatient Therapy › 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 committment 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.