Saturday, July 16, 2005

 

Getting Help for Loved Ones Who are Mentally Ill

An Action Plan for Helping those with Mental Illness


Sad, but true....

This is a plan for family members helping those with mental illness in Marion County, Indiana, or the Greater Indianapolis area. Please go here to read about some suggestions from a general standpoint or to find some ideas for your area.

My basic belief is that whenever possible, those with mental illness should take the responsibility for their own care. However, mental illness often robs individuals of their judgment and it becomes necessary for family and the community to intercede for the safety of the individual and the community.

I would like to start off with two names of the most knowledgeable and caring persons I know on matters of mental health. These persons are: Mike Trent, of Midtown Mental Health Center [ph 317- 630-7791] and Judy Spray, of the PAIR Mental Health Diversion Program [317- 327-6869]. I would certainly start with these two for ideas and guidance on helping a love one into treatment.

If he is dangerous to himself or others, the family can seek an Emergency Detention to a mental health center. After a period of 72hrs, the hospital has to determine if he is dangerous as a result of mental illness. If so, the hospital can have him court ordered for long term inpatient or outpatient treatment. This procedure must be initiated in cooperation with a mental health center as the petition for an emergency detention must have a doctor's statement, as well as a factual witness, and the agreement of the mental health center that they will hospitalize the person for a period of observation. There may be a fee charged by the mental health center for this service. Some mental health centers serving Indianapolis are:

Midtown MHC

Gallahue MHC/Community Hospital

BehaviorCorp.

Adult and Child MHC

Assorted Mental Health Providers

If the mentally ill person presents an immediate danger, one can always call 911 and explain that there is a mentally ill person in need who may harm themselves or others. The mentally ill person can be picked up by the responsible law enforcement officer and taken to the nearest appropriate treatment facility under provisions of the Immediate Detention Law. Another strategy is to avoid calling 911, if time and circumstances permit, and call the shift commander of the appropriate law enforcement district. This may permit the commander the time to exercise more judgment and discretion on what officers to send out and at what time. Working with caring law enforcement officers may lessen the trauma to the mentally ill person and facilitate the person gaining appropriate access to the right services. A mission of the Indianapolis law enforcement agencies are to encourage the notion of "community policing" and the problem of the mentally ill falls under this plan. To find the appropriate officer in your area, go to IPD here or the MCSD here.
If he is gravely disabled, the family can go to Probate Court and seek Guardianship over him. The court or his guardian can then sign him in for treatment. You will need to start with an attorney first.

If he has any pending criminal charges [probation, parole, court case], the court, parole officer, or probation officer can order him into treatment. IF he is in custody, email or call [317-231-8263], the jail and request that he be evaluated for treatment while in custody. It would also be advisable to notify the PAIR Mental Health Diversion Program, at 317-327-6869, and request an evaluation.

If he is a nuisance, the family, or any responsible party, can go to court and ask for a protective order. The court can order him to quit being a nuisance to the petitioner and order him into treatment. To get a protective order one has to go through the Marion Co. Prosecutor's Office and be a resident of the county. This person also has to be the offended party. There may be a charge for filing the petition.A person may qualify for free assistance in getting a protective order.

If the family has the means, they can hire an attorney for help. Steven Eichholtz is an excellent attorney who use to be the mental health court judge. He can be reached at:

Steve Eichholtz
Locke Reynolds, LLP
201 N. Illinois Street
Indianapolis,
Indiana 46204
(317) 237-3800 Bus.
seichholtz@locke.com


Mike Grubbs and John Christ are two other attorneys who have experience in mental health matters.

Two well known local legal minds also have extensive knowledge about mental health issues. They are Ken Falk and Fran Quigley, both of the ICLU.

Finally, if all of the above doesn't work out, get an advocate. All of the mental health centers and courts are political entities who depend on funding and the good will of the public. You would be surprised how much a phone call from an advocate will help with your cause. Just look up the phone numbers, web addresses, or location; then write or call, but follow up and expect a response. Here are some possible advocates in no particular order:

Protection and Advocacy Agency of Indiana
or specifically with mental health treatment issues, go here.

Marion Co. Mental Health Association

Adult Protective Services

NAMI- National Alliance of the Mentally Ill

TAC- Treatment Advocacy Center

State Representatives

Federal Representatives

Judge Evan Goodman, Marion County Superior Court
[Mental Health Expert and Advocate]
Court 15
City-County Bldg. Room W-343
3rd Floor, West Wing
(317) 327-3229

Judge Barb Collins, Marion County Superior Court
[Mental Health Expert and Advocate]
Court 8
City-County Bldg Room E-643
6th Floor, East Wing
(317) 327-3202

Mayor

Governor

Misc. Helpful Indiana Resources

Read about The PAIR Mental Health Diversion Program here.

Read about mental health laws across the country here.

I worked a lot on this web page today. Later I did a google search in RE: to PAIR and there is an article appearing in the paper. Must be synchronicity!!

 

Seclusion and Restraint

Read the Indiana Law here.
--------------------------------------------------------------------------------

Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
07/16/2005 01:46:53 PM EST
IC 12-27-4
Chapter 4. Seclusion and Restraint of Patients

IC 12-27-4-1
Cases in which seclusion or restraint may be used
Sec. 1. A service provider may use seclusion or restraint of a patient only in the following cases:
(1) When necessary to prevent danger of abuse or injury to the patient or others.
(2) As a measure of therapeutic treatment.
As added by P.L.2-1992, SEC.21.


IC 12-27-4-2
Recording instances of and reasons for use of seclusion or restraint
Sec. 2. A service provider shall record all instances of restraint or seclusion and detailed reasons for the restraint or seclusion in the patient's habilitation or treatment record.
As added by P.L.2-1992, SEC.21.


IC 12-27-4-3
Observation of restrained or secluded patient; recording
Sec. 3. A service provider shall do the following:
(1) Frequently observe a patient who is restrained or secluded.
(2) Enter written notification of the observation in the patient's treatment or habilitation record.
As added by P.L.2-1992, SEC.21.





Read FSSA Indiana Policy here.
Seclusion and Restraint:
Rules on the use of seclusion and restraint apply to all state hospital facilities in Indiana that receive Medicaid or Medicare funds. Below is a definition of restraint and seclusion as well as several of the provisions covered by the new rules.
Restraint - any manual method or physical or mechanical device, material or equipment attached or adjacent to the patient's body that he or she cannot easily remove that restricts freedom of movement or normal access to one's body. This includes a medication used to control behavior or restrict the patient's freedom of movement (chemical restraints) and is not standard treatment for the patient's medical or psychological condition.
Seclusion - The involuntary confinement of a person in a room or an area where the person is physically prevented from leaving.
A few provisions under these rules include:

Standard for Use

emergency situation if needed to ensure the patient's physical safety
less restrictive interventions have been determined to be ineffective
in least restrictive manner and with safe techniques
end at earliest possible time
Time Limits
Written orders:

4 hours maximum for adults
2 hours maximum for ages 9-17
1 hour for those under age 9

In-Person Evaluation of Patient

Physician or Independent Licensed Practitioner must see and evaluate the need for use within 1 hour after initiation.
If patient is no longer in restraints at end of verbal order the physician or independent licensed practitioner must still see and evaluate the patient within one hour.
New Orders
Require physician or independent licensed practitioner to see and assess patient. Same time limits apply to continue an order after expiration.

Covered Settings
These rules apply to Hospitals receiving Medicaid and Medicare Funds




Read other Indiana Mental Health Law here.
INDIANA STATUTES

Last updated November 2003


--------------------------------------------------------------------------------



ARTICLE 7. GENERAL PROVISIONS AND DEFINITIONS



IC 12-7-2-53
Dangerous
Sec. 53. "Dangerous", for purposes of IC 12-26, means a condition in which an individual as a result of mental illness, presents a substantial risk that the individual will harm the individual or others.


IC 12-7-2-96
Gravely disabled
Sec. 96. "Gravely disabled", for purposes of IC 12-26, means a condition in which an individual, as a result of mental illness, is in danger of coming to harm because the individual:

(1) is unable to provide for that individual's food, clothing, shelter, or other essential human needs; or
(2) has a substantial impairment or an obvious deterioration of that individual's judgment, reasoning, or behavior that results in the individual's inability to function independently.



IC 12-7-2-130

Mental illness

Sec. 130. "Mental illness" means the following:

(1) For purposes of IC 12-23-5, IC 12-24, and IC 12-26, a psychiatric disorder that:

(A) substantially disturbs an individual's thinking, feeling, or behavior; and

(B) impairs the individual's ability to function.

The term includes mental retardation, alcoholism, and addiction to narcotics or dangerous drugs.

(2) For purposes of IC 12-28-4 and IC 12-28-5, a psychiatric disorder that:

(A) substantially disturbs an individual's thinking, feeling, or behavior; and

(B) impairs the individual's ability to function.

The term does not include developmental disability.



IC 12-7-2-131
Mentally ill individual
Sec. 131. "Mentally ill individual", for purposes of IC 12-21-2, IC 12-22-1, and IC 12-24-17, means an individual who:

(1) has a psychiatric disorder that substantially impairs the individual's mental health; and

(2) requires care, treatment, training, or detention:

(A) because of the psychiatric disorder; or

(B) for the welfare of the individual or others of the community in which the individual resides.



ARTICLE 24. STATE INSTITUTIONS



IC 12-24-19

Chapter 19. Community Care for Individuals With Mental Illness



IC 12-24-19-1

Applicability of chapter

Sec. 1. (a) This chapter applies only to a patient who is transferred or discharged from a state institution administered by the division of mental health and addiction.

(b) This chapter does not apply to any of the following:

(1) An individual who is admitted to a state institution only for evaluation purposes.

(2) An individual who is incompetent to stand trial.

(3) An individual who has a developmental disability (as defined in IC 12-7-2-61).

(4) An individual in an alcohol and drug services program who is not concurrently diagnosed as mentally ill.

(5) An individual who has escaped from the facility to which the individual was involuntarily committed.

(6) An individual who was admitted to a facility for voluntary treatment and who has left the facility against the advice of the attending physician.



IC 12-24-19-2

"Case management" defined

Sec. 2. (a) As used in this chapter, "case management" means goal oriented activities that locate, facilitate, provide access to, coordinate, or monitor the full range of basic human needs, treatment, and service resources for individual patients.

(b) The term includes where necessary and appropriate for the patient the following:

(1) Assessment of the consumer.

(2) Treatment planning.

(3) Crisis assistance.

(4) Providing access to and training the patients to utilize basic community resources.

(5) Assistance in daily living.

(6) Assistance for the patient to obtain services necessary for meeting basic human needs.

(7) Monitoring of the overall service delivery.

(8) Assistance in obtaining the following:

(A) Rehabilitation services and vocational opportunities.

(B) Respite care.

(C) Transportation.

(D) Education services.

(E) Health supplies and prescriptions.



IC 12-24-19-3

Discharge or transfer from institution to least restrictive setting

Sec. 3. A patient shall be discharged or transferred from a state institution to the least restrictive setting:

(1) when the discharge or transfer is appropriate to the patient's unique needs;

(2) to prevent unnecessary and inappropriate hospitalization; and

(3) in accordance with standards of professional practice.



IC 12-24-19-4

Continuum of care

Sec. 4. Within the limits of appropriated funds, the division shall provide by written contract a continuum of care in the community for appropriate patients who are discharged or transferred under this chapter that does the following:

(1) Integrates services.

(2) Facilitates provision of appropriate services to patients.

(3) Ensures continuity of care, including case management, so that a patient is not discharged or transferred without adequate and appropriate community services.



IC 12-24-19-5

Maximization of funding

Sec. 5. To the extent possible, the director shall maximize the amount of federal funding and other nonstate funds available for providing the continuum of care in the community required by this chapter.



IC 12-24-19-6

Community services

Sec. 6. The director shall do the following to facilitate the timely development and delivery of community services:

(1) Adopt rules under IC 4-22-2.

(2) Develop policies and administrative practices.



IC 12-24-19-7

Transitional care

Sec. 7. (a) As used in this section, "transitional care" means temporary treatment services to facilitate an individual's:

(1) transfer from a mental health institution to a community residential setting; or

(2) discharge from a mental health institution.

(b) The transitional care program shall assist consumers in making a smooth adjustment to community living and operate in collaboration with a managed care provider of services in the consumer's home area.

(c) Resources for the program shall come from the total appropriation for the facility, and may be adjusted to meet the needs of consumer demand by the director.

(d) Each state institution administered by the division of mental health and addiction shall establish a transitional care program with adequate staffing patterns and employee skill levels for patients' transitional care needs where clinically appropriate.

(e) The transitional care program shall be staffed by transitional care specialists and at least one (1) transitional care case manager.

(f) A transitional care case manager must have at least a bachelor's degree and be trained in transitional care.

(g) Psychiatric attendants working in this program shall be trained, classified, and compensated as appropriate for a transitional care specialist.



ARTICLE 26. VOLUNTARY AND INVOLUNTARY TREATMENT OF MENTALLY ILL INDIVIDUALS



IC 12-26-1

Chapter 1. Jurisdiction and Procedure



IC 12-26-1-1

Statutes under which mentally ill and either dangerous or gravely disabled may be involuntarily detained or committed

Sec. 1. An individual who is mentally ill and either dangerous or gravely disabled may be involuntarily detained or committed under any of the following statutes:

(1) IC 12-26-4 (immediate detention).

(2) IC 12-26-5 (emergency detention).

(3) IC 12-26-6 (temporary commitment).

(4) IC 12-26-7 (regular commitment).



IC 12-26-1-2

Courts having jurisdiction of proceedings under article; exceptions

Sec. 2. Except as provided in sections 3 and 4 of this chapter, the following Indiana courts have jurisdiction over a proceeding under this article:

(1) A court having probate jurisdiction.

(2) A superior court in a county in which the circuit court has exclusive probate jurisdiction.

(3) A mental health division of a superior court to the extent the mental health division has jurisdiction under IC 33-5.1-2-4.



IC 12-26-1-3

Hearing required to be held by IC 35-36-2-4

Sec. 3. A court that conducted the trial has jurisdiction over a hearing required to be held by IC 35-36-2-4. The court retains jurisdiction over the individual held under IC 35-36-2-4 until the completion of the commitment hearing. After completion of the commitment hearing, jurisdiction is transferred to a court having jurisdiction under section 2 of this chapter and all subsequent petitions or motions shall be filed with the court to which the proceeding is transferred. The file of the commitment hearing also shall be transferred from the committing court to the court having probate jurisdiction.



IC 12-26-1-4

Juvenile court; placement only in child caring institutions; transfer of proceedings

Sec. 4. (a) A juvenile court has concurrent jurisdiction over proceedings under this article that involve a child.

(b) The juvenile court may not commit or temporarily place a child under this article in a facility other than a child caring institution. If the juvenile court determines that commitment or temporary placement of a child in another facility is necessary, the juvenile court shall transfer the proceeding to a court having probate jurisdiction.



IC 12-26-1-5

Proceedings under IC 12-26-3-5, IC 12-26-6-2(a)(1) or IC 12-26-6-2(a)(3); acquisition of jurisdiction over allegedly mentally ill individual; individual held under IC 12-26-6-2(a)(2); 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 alleged mentally ill individual 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.



IC 12-26-1-6

Conduct of judicial proceedings; rules of procedure

Sec. 6. Except as otherwise provided, a judicial proceeding under this article shall be conducted as other civil proceedings according to the Indiana Rules of Trial Procedure.



IC 12-26-1-7

Computation of time; application of section

Sec. 7. (a) This section does not apply in the following statutes:

(1) IC 12-26-4.

(2) IC 12-26-11.

(3) 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.



IC 12-26-1-8

Proceedings under IC 12-26-3-5, IC 12-26-6 or IC 12-26-7; detention of individual

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;

(B) IC 12-26-5-10; or

(C) IC 12-26-5-11.



IC 12-26-1-9

Appeals; persons entitled to take; manner of taking

Sec. 9. (a) In a proceeding involving involuntary detention or commitment under this article, appeals from the final orders or judgments of the court of original jurisdiction may be taken by any of the following:

(1) The individual who is the subject of the proceeding.

(2) A petitioner in the proceeding.

(3) An aggrieved person.

(b) An appeal must be taken in the same manner as any other civil case according to the Indiana Rules of Trial and Appellate Procedure.



IC 12-26-1-10

Rules

Sec. 10. Each division shall adopt rules under IC 4-22-2 to administer this article.



IC 12-26-1-11

Forms

Sec. 11. Each division shall prescribe the forms that must be used to administer this article.



IC 12-26-2

Chapter 2. Rights of Persons



IC 12-26-2-1

Habeas corpus

Sec. 1. This article does not limit or restrict the right of a person to apply to an appropriate court for a writ of habeas corpus.



IC 12-26-2-2

Notice of hearings; receipt of copies of petitions or orders; presence at hearings; application of section

Sec. 2. (a) This section applies under the following statutes:

(1) IC 12-26-6.

(2) IC 12-26-7.

(3) IC 12-26-12.

(4) IC 12-26-15.

(b) The individual alleged to be mentally ill 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.



IC 12-26-2-3

Testimony and witnesses; application of section

Sec. 3. (a) This section applies under the following statutes:

(1) IC 12-26-6.

(2) IC 12-26-7.

(3) IC 12-26-12.

(4) IC 12-26-15.

(b) The individual alleged to be mentally ill, each petitioner, and all other interested individuals shall be given an opportunity to appear at hearings and to testify.

(c) The individual alleged to be mentally ill and each petitioner may present and cross-examine witnesses at hearings.

(d) The court may receive the testimony of any individual.



IC 12-26-2-4

Change of judge; venue not to change; application of section

Sec. 4. (a) This section applies under the following statutes:

(1) IC 12-26-6.

(2) IC 12-26-7.

(3) IC 12-26-12.

(4) IC 12-26-15.

(b) The individual alleged to be mentally ill 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.



IC 12-26-2-5

Representation by counsel; appointment; proof required by petitioner

Sec. 5. (a) This section applies under the following statutes:

(1) IC 12-26-6.

(2) IC 12-26-7.

(3) IC 12-26-12.

(4) IC 12-26-15.

(b) A petitioner may be represented by counsel.

(c) The court may appoint counsel for a petitioner upon a showing of the petitioner's indigency and the court shall pay for such counsel if appointed.

(d) A petitioner, including a petitioner who is a health care provider under IC 16-18-2-295(a), 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.



IC 12-26-2-6

Participation in proceedings or assisting in detention or care of individual; immunity from liability

Sec. 6. (a) A person who without malice, bad faith, or negligence acts according to this article and:

(1) participates in proceedings for the detention or commitment of an individual; or

(2) assists in the detention, care, and treatment of an individual alleged or adjudged to be mentally ill;

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.



IC 12-26-2-7

Child's advocate; immunity from civil liability

Sec. 7. Except for gross misconduct, if a child's advocate performs the advocate's duties in good faith, the advocate is immune from any civil liability that may occur as a result of the advocate's performance of duties.



IC 12-26-2-8

Detention or commitment; rights not affected

Sec. 8. (a) Detention or commitment of an individual under this article does not deprive the individual of any of the following:

(1) The right to do the following:

(A) Dispose of property.

(B) Execute instruments.

(C) Make purchases.

(D) Enter into contracts.

(E) Give testimony in a court of law.

(F) Vote.

(2) A right of a citizen not listed in subdivision (1).

(b) A procedure is not required for restoration of rights of citizenship of an individual detained or committed under this article.



IC 12-26-2-9

Refusal to admit; transfer to division

Sec. 9. (a) The superintendent of a state institution may decline to admit an individual if the superintendent determines that there is not available adequate space, treatment staff, and treatment services appropriate to the needs of the individual.

(b) If an individual is refused admission under subsection (a), the commitment shall be transferred to the appropriate division. The division shall make arrangements for the individual's admission to an appropriate facility.



IC 12-26-3

Chapter 3. Voluntary Treatment



IC 12-26-3-1

Admission by facility superintendent or by attending physician

Sec. 1. The superintendent of a facility or an individual's attending physician may admit an Indiana resident who:

(1) is mentally ill or has symptoms of mental illness; and

(2) makes an appropriate application;

for observation, diagnosis, care, or treatment.



IC 12-26-3-2

Application by parent or legal guardian

Sec. 2. (a) If an individual is less than eighteen (18) years of age, an application under this chapter may be made by the individual's parent or legal guardian.

(b) If an individual is at least eighteen (18) years of age and has a legal guardian, that individual may not be admitted by the individual's legal guardian to a state institution under this chapter.



IC 12-26-3-3

Discharge by facility superintendent or by attending physician; grounds

Sec. 3. The superintendent or an individual's attending physician may discharge an individual admitted under this chapter if the superintendent or the attending physician determines that:

(1) care in the facility is not necessary; or

(2) the discharge would contribute to the most effective use of the facility for the care and treatment of the mentally ill.



IC 12-26-3-4

Written request for release; time for release

Sec. 4. Except as provided in section 5 of this chapter, an individual who has been admitted to a facility under this chapter shall be released within twenty-four (24) hours of a written request for release made to the superintendent or the individual's attending physician by:

(1) the individual; or

(2) if the individual is less than eighteen (18) years of age, the parent or guardian who applied for the individual's admission to the facility.



IC 12-26-3-5

Refusal to release individual; grounds; written report to court

Sec. 5. (a) The superintendent or the attending physician is not required to release an individual under section 4 of this chapter if the superintendent or the attending physician has reason to believe the individual is mentally ill and either dangerous or gravely disabled.

(b) If the superintendent or the attending physician makes a determination under subsection (a), the superintendent or the attending physician must make a written report to a court:

(1) that has jurisdiction;

(2) in the county:

(A) of the residence of the individual; or

(B) where the facility is located; and

(3) not later than five (5) days of receiving the request made under section 4 of this chapter.

(c) A report under subsection (b) must:

(1) state that there is probable cause to believe that the individual is mentally ill and either dangerous or gravely disabled;

(2) state that the individual requires continuing care and treatment in the facility; and

(3) request a hearing on the report.



IC 12-26-3-6

Receipt by court of written report; setting preliminary hearing; ordering final hearing

Sec. 6. The court shall, within two (2) days from the date of receiving a report made under section 5 of this chapter, do either of the following:

(1) Set a preliminary hearing to determine if there is probable cause to believe that the individual is:

(A) mentally ill and either dangerous or gravely disabled; and

(B) in need of temporary or regular commitment.

(2) Order a final hearing to be held within two (2) days of the order to determine if the individual is:

(A) mentally ill and either dangerous or gravely disabled; and

(B) in need of temporary or regular commitment.



IC 12-26-3-7

Preliminary hearing; introduction of physician's statement; probable cause finding; discharge or commitment

Sec. 7. (a) A physician's statement may be introduced into evidence at the preliminary hearing without the presence of the physician.

(b) A finding of probable cause may not be entered at the preliminary hearing unless there is oral testimony:

(1) subject to cross-examination;

(2) of at least one (1) witness who:

(A) has personally observed the behavior of the individual; and

(B) will testify as to facts supporting a finding that there is probable cause to believe that the individual is in need of temporary or regular commitment.

(c) If after the preliminary hearing the court does not find probable cause, the individual shall be discharged immediately.

(d) If after the preliminary hearing the court finds probable cause to believe that the individual is in need of temporary or regular commitment, the court shall order the detention of the individual in an appropriate facility pending a final hearing.

IC 12-26-3-8

Final hearing held after preliminary hearing; testimony of examining physician; waiver

Sec. 8. (a) If the court sets a preliminary hearing under section 6(1) of this chapter, a final hearing shall be held not later than ten (10) days after the date of the preliminary hearing.

(b) At the final hearing, an individual may not be found in need of temporary or regular commitment unless at least one (1) physician who has personally examined the individual testifies at the hearing.

(c) The testimony required by subsection (b) may be waived by the individual if the waiver is voluntarily and knowingly given.



IC 12-26-3-9

Temporary or regular commitment

Sec. 9. (a) If an individual has not previously been the subject of a commitment proceeding, the court may only order temporary commitment.

(b) If an individual has previously been the subject of a commitment proceeding, the court may order a regular commitment if a longer period of treatment is warranted.



IC 12-26-4

Chapter 4. Immediate Detention



IC 12-26-4-1

Law enforcement officers; authority to apprehend and transport mentally ill individuals; charging offenses

Sec. 1. A law enforcement officer, having reasonable grounds to believe that an individual is mentally ill, dangerous, and in immediate need of hospitalization and treatment, may do 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.



IC 12-26-4-2

Law enforcement officers; written statement of reasonable grounds

Sec. 2. A law enforcement officer who transports an individual to a facility under section 1 of this chapter shall submit to the facility a written statement containing the basis for the officer's conclusion that reasonable grounds exist under this chapter.



IC 12-26-4-3

Law enforcement officers; written statement of reasonable grounds; filing

Sec. 3. The statement required by section 2 of this chapter 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.



IC 12-26-4-4

Emergency treatment

Sec. 4. The superintendent of the facility or a physician may furnish emergency treatment necessary to preserve the health and safety of the individual detained.



IC 12-26-4-5

Length of detention

Sec. 5. Except as provided in section 6 of this chapter, an individual may not be detained under this chapter for more than twenty-four (24) hours from the time of admission to the facility.



IC 12-26-4-6

Detaining individual for more than twenty-four hours; emergency detention application

Sec. 6. If the superintendent or the attending physician believes the individual should be detained for more than twenty-four (24) hours from time of admission to the facility, the superintendent or the physician must have an application filed for emergency detention under IC 12-26-5 immediately upon the earlier of the following:

(1) A judge becomes available.

(2) Within seventy-two (72) hours of admission to the facility.



IC 12-26-4-7

Discharge

Sec. 7. An individual detained under this chapter shall be discharged if either the attending physician or superintendent believes detention is no longer necessary.



IC 12-26-4-8

Detention in addition to detention under IC 12-26-5

Sec. 8. A period of detention under this chapter is in addition to a period of detention under IC 12-26-5.



IC 12-26-5

Chapter 5. Emergency Detention



IC 12-26-5-1

Seventy-two hour detention; written application; contents

Sec. 1. (a) 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 the facility. The individual may not be detained in a state institution unless the detention is instituted by the state institution.

(b) An application under subsection (a) must contain both of the following:

(1) A statement of the applicant's belief that the individual is:

(A) mentally ill and either dangerous or gravely disabled; and

(B) in need of immediate restraint.

(2) A statement by at least one (1) physician that, based on:

(A) an examination; or

(B) information given the physician;

the individual may be mentally ill and either dangerous or gravely disabled.



IC 12-26-5-2

Judicial officer; endorsement of application; police officer authorized to take individual into custody; transportation to facility

Sec. 2. (a) If a judicial officer authorized to issue a warrant for arrest in the county in which the individual is present endorses an application 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.

(b) The expense of transportation under this section shall be paid by the county in which the individual is present.



IC 12-26-5-3

Examination and treatment of detained individual

Sec. 3. An individual detained under this chapter may be examined and given emergency treatment necessary to do the following:

(1) Preserve the health and safety of the individual.

(2) Protect other persons and property.



IC 12-26-5-4

Determination during detention that probable cause does not exist; report

Sec. 4. If during a detention period under this chapter the superintendent or the attending physician determines that there is not probable cause to believe the individual is mentally ill and either dangerous or gravely disabled, a report shall be made under section 5 of this chapter.



IC 12-26-5-5

Written report to court

Sec. 5. Before the end of a detention period under this chapter, the superintendent of the facility or the individual's attending physician shall make a written report to the court. The report must contain both of the following:

(1) A statement that the individual has been examined.

(2) A statement whether there is probable cause to believe that the individual:

(A) is mentally ill and either dangerous or gravely disabled; and

(B) requires continuing care and treatment.



IC 12-26-5-6

Written report; no probable cause; discharge; record

Sec. 6. (a) If a report made under section 5 of this chapter states there is not probable cause, the individual shall be discharged from the facility.

(b) The report shall be made part of the individual's record.



IC 12-26-5-7

Written report; probable cause; recommendations; hearing; detention pending hearing

Sec. 7. If a report made under section 5 of this chapter states there is probable cause, the report shall recommend both of the following:

(1) That the court hold a hearing to determine whether:

(A) the individual is mentally ill and either dangerous or gravely disabled; and

(B) there is a need for continuing involuntary detention.

(2) That the individual be detained in the facility pending the hearing.



IC 12-26-5-8

Written report; consideration and action by court; time

Sec. 8. The court shall consider and act upon a report described in section 7 of this chapter within twenty-four (24) hours of receiving the report.



IC 12-26-5-9

Written report; action by court; release of individual; preliminary or final hearing ordered

Sec. 9. (a) After receiving a report described in section 7 of this chapter, the court may do any of the following:

(1) Order the individual released.

(2) Order the individual's continued detention pending a preliminary hearing. The purpose of a hearing under this subdivision is 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.

(3) Order a final hearing. The purpose of a hearing ordered under this subdivision is to determine if the individual is:

(A) mentally ill and either dangerous or gravely disabled; and

(B) in need of temporary or regular commitment.

(b) A hearing ordered under subsection (a) must be held not later than two (2) days after the order.



IC 12-26-5-10

Preliminary hearing; introduction of physician's statement; probable cause finding; discharge; detention pending final hearing

Sec. 10. (a) A physician's statement may be introduced into evidence at the preliminary hearing held under section 9(a)(2) of this chapter without the presence of the physician.

(b) A finding of probable cause may not be entered at a preliminary hearing unless there is oral testimony:

(1) subject to cross-examination; and

(2) of at least one (1) witness who:

(A) has personally observed the behavior of the individual; and

(B) will testify to facts supporting a finding that there is probable cause to believe that the individual is in need of temporary or regular commitment.

(c) At the conclusion of the preliminary hearing, if the court does not find probable cause, the individual shall be immediately discharged.

(d) If the court finds at the conclusion of the preliminary hearing probable cause to believe that the individual needs temporary or regular commitment, the court shall order the detention of the individual in an appropriate facility pending a final hearing.



IC 12-26-5-11

Final hearing; time; testimony of examining physician; waiver; temporary or permanent commitment

Sec. 11. (a) A final hearing required by section 10(d) of this chapter shall be held within ten (10) days of the date of the preliminary hearing.

(b) At a 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. This testimony may be waived by the individual if the waiver is voluntarily and knowingly given.

(c) If an individual has not previously been the subject of a commitment proceeding, the court may order only a temporary commitment.

(d) 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.



IC 12-26-5-12

Determination of absence of probable cause when individual taken into custody; transportation, care, and maintenance costs

Sec. 12. If it is determined that there was not probable cause to believe that an individual was mentally ill and 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.



IC 12-26-6

Chapter 6. Temporary Commitment



IC 12-26-6-1

Ninety-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.



IC 12-26-6-2

Methods by which commitment proceedings may be begun

Sec. 2. (a) A commitment under this chapter may be begun by any of the following methods:

(1) Upon request of the superintendent under IC 12-26-3-5.

(2) An order of the court having jurisdiction over the individual following emergency detention.

(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.



IC 12-26-6-3

Notice of hearing

Sec. 3. (a) Notice of a hearing under this chapter shall be given to all of the following:

(1) The individual.

(2) The petitioner.

(3) The superintendent or the chief executive officer of a facility having care or custody of the individual.

(b) The notice required by subsection (a) must state the time, place, and date of the hearing.



IC 12-26-6-4

Hearing date

Sec. 4. (a) Within three (3) days after a proceeding is begun under this chapter, the court shall enter an order setting a hearing date.

(b) If the proceeding was begun under section 2(a)(3) of this chapter, the hearing date set under subsection (a) must be more than one (1) day but less than fourteen (14) days from the date of notice.

(c) If the proceeding was begun under section 2(a)(1) or 2(a)(2) of this chapter, the hearing shall be held within ten (10) days after issuance of the order.



IC 12-26-6-5

Hearing site

Sec. 5. The court may hold the hearing at a facility or other suitable place not likely to have a harmful effect on the individual's health or well-being.



IC 12-26-6-6

Appointment of physician; examination of individual; report

Sec. 6. The court may appoint a physician to do the following:

(1) Examine the individual.

(2) Report, before the hearing, the physician's opinion as to the following:

(A) Whether the individual is mentally ill and either dangerous or gravely disabled.

(B) Whether the individual needs temporary commitment to a facility for diagnosis, care, and treatment.



IC 12-26-6-7

Report; dismissal of petition

Sec. 7. If a report made under section 6 of this chapter is that the individual is not either dangerous or gravely disabled, the court may terminate the proceedings and dismiss the petition. Otherwise, the hearing shall proceed as scheduled or as continued by the court.



IC 12-26-6-8

Order of commitment

Sec. 8. (a) If, upon the completion of the hearing and consideration of the record, the court finds that the individual is mentally ill and either dangerous or gravely disabled, the court may order the individual to:

(1) be committed to an appropriate facility; or

(2) enter an outpatient treatment program under IC 12-26-14 for a period of not more than ninety (90) days.

(b) The court's order must require that the superintendent of the facility or the attending physician file a treatment plan with the court within fifteen (15) days of the individual's admission to the facility under a commitment order.

(c) If the commitment ordered under subsection (a) is to a state institution administered by the division of mental health and addiction, the record of commitment proceedings must include a report from a community mental health center stating both of the following:

(1) That the community mental health center has evaluated the individual.

(2) That commitment to a state institution administered by the division of mental health and addiction under this chapter is appropriate.

(d) The physician who makes the statement required by section 2(c) of this chapter may be affiliated with the community mental health center that submits to the court the report required by subsection (c).

(e) If the commitment is of an adult to a research bed at Larue D. Carter Memorial Hospital as set forth in IC 12-21-2-3, the report from a community mental health center is not required.

(f) If a commitment ordered under subsection (a) is to a state institution administered by the division of disability, aging, and rehabilitative services, the record of commitment proceedings must include a report from a service coordinator employed by the division of disability, aging, and rehabilitative services stating that, based on a diagnostic assessment of the individual, commitment to a state institution administered by the division of disability, aging, and rehabilitative services under this chapter is appropriate.



IC 12-26-6-9

Discharge before end of commitment period; notification of court

Sec. 9. (a) Unless the court has entered an order under IC 12-26-12-1, the superintendent or the attending physician may discharge the individual before the end of the commitment period if the superintendent or attending physician determines that the individual is not mentally ill and either dangerous or gravely disabled.

(b) If an individual is discharged under subsection (a), the superintendent or the attending physician shall notify the court, and the court shall enter an order terminating the commitment.



IC 12-26-6-10

Additional commitment period; proceedings

Sec. 10. (a) The period of commitment of an individual under this chapter may be extended for one (1) additional period of not more than ninety (90) days through a proceeding under this section.

(b) A proceeding under this section must be begun before the end of the first period of commitment.

(c) A proceeding under this section may be begun by filing with the court a report by the attending physician or superintendent that states that the individual continues to be:

(1) mentally ill and either dangerous or gravely disabled; and

(2) in need of continuing custody, care, or treatment in the facility for an additional period of not more than ninety (90) days.

(d) Upon receiving a report under subsection (c), the court shall set a hearing on the report.

(e) The hearing required by subsection (d) must be held before the end of the current commitment period.

(f) Notice of the hearing required by subsection (d) shall be given to the committed individual and all other interested individuals at least five (5) days before the hearing date.

(g) A committed individual's rights and a petitioner's rights and hearing procedures are the same as those provided for the first period of commitment.

(h) If at the completion of the hearing and the consideration of the record the individual is found to be:

(1) mentally ill and either dangerous or gravely disabled; and

(2) in need of continuing custody, care, or treatment in the facility;

the court may order the individual's continuing custody, care, or treatment in the facility for one (1) additional period of not more than ninety (90) days.



IC 12-26-6-11

Report required of facility superintendent or attending physician before end of commitment period

Sec. 11. At least twenty (20) days before the end of the first or second temporary commitment period, the superintendent of the facility or the attending physician shall make a report to the court that states all of the following:

(1) The mental condition of the individual.

(2) Whether the individual is dangerous or gravely disabled.

(3) Whether the individual needs continuing care and treatment in a facility for a period of more than ninety (90) days.



IC 12-26-7

Chapter 7. Regular Commitment



IC 12-26-7-1

Application of chapter

Sec. 1. This chapter applies to a proceeding for commitment of an individual:

(1) alleged to be mentally ill and either dangerous or gravely disabled; and

(2) whose commitment is reasonably expected to require custody, care, or treatment in a facility for more than ninety (90) days.



IC 12-26-7-2

Application of section; commitment of persons apparently suffering from chronic mental illness; initiation of proceedings; petition

Sec. 2. (a) This section does not apply to the commitment of an individual if the individual has previously been committed under IC 12-26-6.

(b) A proceeding for the commitment of an individual who appears to be suffering from a chronic mental illness may be begun by filing with a court having jurisdiction a written petition by any of the following:

(1) A health officer.

(2) A police officer.

(3) A friend of the individual.

(4) A relative of the individual.

(5) The spouse of the individual.

(6) A guardian of the individual.

(7) The superintendent of a facility where the individual is present.

(8) A prosecuting attorney in accordance with IC 35-36-2-4.

(9) A prosecuting attorney or the attorney for a county office if civil commitment proceedings are initiated under IC 31-34-19-3 or IC 31-37-18-3.



IC 12-26-7-3

Petition; physician's written statement; reports

Sec. 3. (a) A petition filed under section 2 of this chapter must include a physician's written statement that states both of the following:

(1) The physician has examined the individual within the past thirty (30) days.

(2) The physician believes that the individual is:

(A) mentally ill and either dangerous or gravely disabled; and

(B) in need of custody, care, or treatment in a facility for a period expected to be more than ninety (90) days.

(b) Except as provided in subsection (d), 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 the commitment is of an adult to a research bed at Larue D. Carter Memorial Hospital, as set forth in IC 12-21-2-3, the report from a community mental health center is not required.

(e) If a commitment ordered under subsection (a) is to a state institution administered by the division of disability, aging, and rehabilitative services, the record of commitment proceedings must include a report from a service coordinator employed by the division of disability, aging, and rehabilitative services stating that, based on a diagnostic assessment of the individual, commitment to a state institution administered by the division of disability, aging, and rehabilitative services under this chapter is appropriate.



IC 12-26-7-4

Hearing date; rights of subject individual; hearing procedures

Sec. 4. (a) Upon receiving:

(1) a petition under section 2 of this chapter; or

(2) a report under IC 12-26-6-11 that recommends treatment in a facility for more than ninety (90) days;

the court shall enter an order setting a hearing date.

(b) If an individual is currently under a commitment order, the hearing required by subsection (a) must be held before the expiration of the current commitment period. Notice of a hearing under this subsection shall be given to the individual and all other interested persons at least five (5) days before the hearing date.

(c) The rights of an individual who is the subject of a proceeding under this chapter and of a petitioner are the same as provided in IC 12-26-6.

(d) Hearing procedures are the same as those provided in IC 12-26-6.



IC 12-26-7-5

Finding that individual is mentally ill and either dangerous or gravely disabled; order for treatment; duration of order

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.



IC 12-26-8

Chapter 8. Commitment of a Child



IC 12-26-8-1

Appointment of advocate or guardian; persons authorized to be appointed as advocate; representation and protection of child's best interests

Sec. 1. (a) A juvenile court that conducts a proceeding under this article shall appoint a court appointed special advocate, a guardian ad litem, or both for the child before the court begins a proceeding under this article.

(b) An advocate is not required to be an attorney.

(c) An attorney representing the child may be appointed as the child's advocate.

(d) The court may not appoint any of the following to be a child's advocate:

(1) A party to the proceeding.

(2) An employee of a party to the proceeding.

(3) A representative of a party to the proceeding.

(e) An advocate shall represent and protect the best interests of the child.



IC 12-26-8-2

Advocate; officer of juvenile court

Sec. 2. A child's advocate is an officer of the juvenile court for the purpose of representing the child's interests.



IC 12-26-8-3

Representation of advocate by counsel; appointment of counsel

Sec. 3. (a) A child's advocate may be represented by an attorney.

(b) If necessary to protect the child's interests, the juvenile court may appoint an attorney to represent an advocate of a child. The court may appoint only one (1) attorney under this subsection.



IC 12-26-8-4

Commitment of child; review by advocate; assistance provided by facility superintendent

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 superintendent of the facility shall provide necessary assistance to carry out the reviews required by this section.



IC 12-26-8-5

Advocate reviews; report; recipients of report

Sec. 5. The child's advocate shall submit a report of each review required by section 4 of this chapter to all of the following:

(1) The committing juvenile court.

(2) The superintendent of the facility.

(3) A county office that has wardship of the child.

(4) Each party to the commitment proceeding.



IC 12-26-8-6

Advocate; access to reports relevant to child; confidential reports

Sec. 6. (a) A child's advocate shall be given access to all reports relevant to the child.

(b) IC 31-39-2 applies to the release of reports that are confidential under IC 31-39-1.



IC 12-26-8-7

Payment of fees to be made under IC 31-6-4-18

Sec. 7. Payment of any fees shall be made under IC 31-40.



IC 12-26-8-8

Obligations of county offices to children under custody or supervision committed to state institutions

Sec. 8. If a child under the custody or supervision of a county office is committed to a state institution, the court may not release the county office from the county office's obligations to the child unless the court appoints a guardian for the child under IC 12-26-16.



IC 12-26-8-9

Progress reports; case reviews

Sec. 9. A juvenile court that commits a child under this article shall require the county office or the probation department for the court to report to the court on the progress made in implementing the commitment at least every six (6) months. If the committed child is a child in need of services, the county office shall perform case reviews of the child's commitment under IC 31-34-21.



IC 12-26-10

Chapter 10. Care Pending Admission to a Facility



IC 12-26-10-1

Court consultation with facility superintendent or attending physician

Sec. 1. If an individual is committed to a facility, the court shall consult with the superintendent or the attending physician concerning the method of caring for the individual pending admission to the facility.



IC 12-26-10-2

Temporary placement; least restrictive suitable facility

Sec. 2. The court may order temporary placement of the individual in the least restrictive suitable facility pending admission to a facility.



IC 12-26-10-3

Confinement in county jail

Sec. 3. An individual may not be confined in a county jail unless all the following apply:

(1) The individual is found to be dangerous and violent.

(2) There is no other suitable facility available pending admission to a facility.

(3) The court so orders.



IC 12-26-10-4

Order that assistance be furnished and paid for out of county general fund

Sec. 4. If the comfort and the care of an individual are not otherwise provided:

(1) from the individual's estate;

(2) by the individual's relatives or friends; or

(3) through financial assistance from the division of family and children or a county office;

the court may order the assistance furnished and paid for out of the general fund of the county.



Chapter 11. Transfer of an Individual



IC 12-26-11-1

Transfers; facilities to which transfers may be made; best interest of individual transferred or other patients

Sec. 1. The superintendent of a facility to which an individual was committed under IC 12-26-6 or IC 12-26-7 or to which the individual's commitment was transferred under this chapter, may transfer the commitment of the individual to:

(1) a state institution;

(2) a community mental health center;

(3) a community mental retardation 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 the mentally retarded (ICF/MR) 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.



IC 12-26-11-2

Declining to admit individual; grounds

Sec. 2. The superintendent of a facility to which the commitment of an individual is to be transferred may decline to admit the individual if the superintendent determines that adequate space, treatment staff, or treatment facilities appropriate to the needs of the individual are not available.



IC 12-26-11-3

Medical and treatment records; providing copies to facilities to which individuals transferred

Sec. 3. If an individual is transferred under section 1 of this chapter, the transferring facility shall provide a copy of the individual's current medical and treatment records to the facility to which the commitment of the individual is transferred.



IC 12-26-11-3.5

Transfer from state institution to nonstate community or facility; planning and facilitating transition

Sec. 3.5. If an individual is transferred under section 1 of this chapter from a state institution administered by the division of mental health and addiction, the gatekeeper for the individual shall facilitate and plan, together with the individual and state institution, the individual's transition to the community or to another facility if the facility is not a state institution administered by the division of mental health and addiction.



IC 12-26-11-4

Notice of transfer; persons notified

Sec. 4. If the commitment of an individual is transferred to another facility under section 1 of this chapter, the transferring facility shall give written notice to each of the following:

(1) The individual's legal guardian.

(2) The individual's parents.

(3) The individual's spouse.

(4) The individual's attorney, if any.



IC 12-26-11-5

Transfer to substantially more restrictive environment; administrative hearing

Sec. 5. (a) As used in this section, "substantially more restrictive environment" means another facility or that part of a facility that is designated as the place providing maximum security for patients.

(b) If the transfer of the commitment of an individual is to a substantially more restrictive environment, the transferring facility shall provide the individual with an opportunity for an administrative hearing within ten (10) days after the transfer.



IC 12-26-11-6

Petition to set aside transfer

Sec. 6. An individual whose commitment is transferred under section 1 of this chapter may, within thirty (30) days after the transfer, petition the committing court for an order setting aside the transfer and ordering the individual and the individual's medical and treatment records returned to the facility to which the court originally committed the individual.



IC 12-26-12

Chapter 12. Notice of Discharge of an Individual



IC 12-26-12-1

Notification that committed individual will be discharged

Sec. 1. (a) Except as provided in subsection (c), a court that orders a commitment may order the superintendent to notify the petitioner in the commitment proceeding and other person designated by the court that the committed individual will be discharged.

(b) The notice required under subsection (a) shall be given to the petitioner and other person designated by the court at least twenty (20) days before the end of the commitment period.

(c) A court may not order the director of a community mental health center or a managed care provider to notify the person who filed a petition with respect to an individual committed to the community mental health center or the managed care provider.

IC 12-26-12-2

Request by petitioner for hearing; notification of superintendent

Sec. 2. (a) Within ten (10) days after receiving a notice under section 1 of this chapter, the petitioner may file a petition with the court that ordered the committed individual's commitment requesting a hearing to determine whether the individual should be discharged.

(b) The petitioner must notify the superintendent of a petition filed with the court under subsection (a).



IC 12-26-12-3

Absence of hearing request notice; discharge of individual

Sec. 3. If the superintendent does not receive notice of a request for a hearing within ten (10) days after notice was given under section 2 of this chapter, the committed individual shall be discharged unless the superintendent determines that the individual is mentally ill and either dangerous or gravely disabled.



IC 12-26-12-4

Receipt by superintendent of hearing request notice; discharge of individual

Sec. 4. If the superintendent is notified of a petition under section 2 of this chapter, the committed individual may not be discharged except as provided in this chapter.



IC 12-26-12-5

Petition; hearing date; failure to hold timely hearing; discharge of individual

Sec. 5. (a) If the court receives a petition under section 2 of this chapter, the court shall set a hearing date.

(b) The hearing date set under subsection (a) must be within twenty (20) days after the petition is filed.

(c) If a hearing is not held within twenty (20) days of the filing of the petition, the committed individual shall be discharged unless either of the following apply:

(1) The individual agrees to a continuance.

(2) The superintendent determines that the individual is mentally ill and either dangerous or gravely disabled.



IC 12-26-12-6

Hearing; evidence; procedure; rights of committed individual

Sec. 6. At the hearing:

(1) the petitioner is entitled to present evidence concerning the committed individual's mental or physical condition;

(2) the procedure is the same as provided in IC 12-26-6; and

(3) the committed individual's rights are the same as provided in IC 12-26-6.



IC 12-26-12-7

Finding that individual is not mentally ill and either dangerous or gravely disabled; discharge

Sec. 7. The court shall order the discharge of a committed individual and terminate the commitment if the court finds that the individual is not mentally ill and either dangerous or gravely disabled.



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.



IC 12-26-13

Chapter 13. Leave from Confinement and Discharge



IC 12-26-13-1

Leave of absence; best interest of committed individual

Sec. 1. The superintendent of a facility may grant a committed individual a leave of absence from confinement in the facility for a period designated by the superintendent if the superintendent or an attending physician determines that the leave of absence is in the best interest of the individual.



IC 12-26-13-2

Discharge notice given to committing court; record entry by court

Sec. 2. Upon the discharge of an individual committed under this article, the superintendent of the facility shall notify the committing court of the date of the discharge. The court shall make an entry on the record indicating the date of discharge.


IC 12-26-14
Chapter 14. Outpatient Therapy



IC 12-26-14-1
Ordering individual to enter outpatient therapy program; findings authorizing order
Sec. 1. If a hearing has been held under IC 12-26-6 or IC 12-26-7 and the court finds that the individual is:

(1) mentally ill and either dangerous or gravely disabled;

(2) likely to benefit from an outpatient therapy program that is designed to decrease the individual's dangerousness or disability;

(3) not likely to be either dangerous or gravely disabled if the individual complies with the therapy program; and

(4) recommended for an outpatient therapy program by the individual's examining physician;

the court may order the individual to enter a therapy program as an outpatient.



IC 12-26-14-2
Representation by program representative that individual may enter program
Sec. 2. Before the court may issue an order under section 1 of this chapter, a representative of an outpatient therapy program approved by the court must represent to the court that the individual may enter that program immediately.



IC 12-26-14-3
Ordering compliance with program

Sec. 3. The court may require an individual ordered to enter an outpatient therapy program under section 1 of this chapter to do the following:

(1) Follow the therapy program the individual enters.
(2) Attend each medical and psychiatric appointment made for the individual.
(3) Reside at a location determined by the court.
(4) Comply with other conditions determined by the court.



IC 12-26-14-4
Reasonable belief that individual has failed to comply with program; notice to court; transfer from outpatient program; transfer to sub-acute stabilization program; jail or prison
Sec. 4. (a) If a staff member of a program involved in the treatment, supervision, or care of an individual ordered to enter an outpatient therapy program under section 1 of this chapter has reason to believe that the individual has failed to comply with the requirements of section 3 of this chapter, the staff member shall immediately notify the court of the failure to comply.

(b) Except as provided in subsection (c), the individual may be transferred from the outpatient therapy program to one (1) of the following:

(1) The inpatient unit of the facility that has the original commitment.

(2) A supervised group living program (as defined in IC 12-22-2-3(2)).

(3) A sub-acute stabilization facility.

(c) The individual may not be transferred to a supervised group living program or a sub-acute stabilization facility 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 either a supervised group living program or a sub-acute stabilization facility.

(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.


IC 12-26-14-5
Noncompliance notification; reopening commitment proceeding; review of transfer to sub-acute stabilization program

Sec. 5. (a) Upon receiving notification under section 4 of this chapter, the court shall reopen the original commitment proceeding and determine whether the:

(1) individual:

(A) has failed to comply with the requirements of section 3 of this chapter;

(B) is mentally ill and either dangerous or gravely disabled; and

(C) should be committed to a facility under this article; or

(2) individual should continue to be maintained on an outpatient commitment, subject to an additional court order that:

(A) requires a law enforcement officer to apprehend and transport the individual to a facility for treatment; and

(B) applies:

(i) after notification to the court by the facility or provider responsible for the individual's commitment; and

(ii) whenever the individual fails to attend a scheduled outpatient appointment or fails to comply with a condition of the outpatient commitment.

(b) If the court receives notice of a transfer under section 4(e) of this chapter, the court may conduct a review to determine the validity of the transfer.


IC 12-26-14-6
Order to enter therapy; review of order and release from program; intervals and conditions

Sec. 6. If an individual is ordered to enter a therapy program under section 1 of this chapter, the individual is entitled to review of the order and release from the program at the same intervals and under the same conditions as an individual committed under:

(1) IC 12-26-6 if the therapy order is issued under that chapter; or

(2) IC 12-26-7 if the therapy order is issued under that chapter.





IC 12-26-14-7
Committed individuals; placement on outpatient status for remainder of commitment period

Sec. 7. If an individual:

(1) has been committed under IC 12-26-6 or IC 12-26-7;

(2) is likely to benefit from a therapy program designed to decrease the individual's

dangerousness or grave disability;
(3) is not likely to be either dangerous or gravely disabled if the individual continues to follow the therapy program; and

(4) is recommended for an outpatient therapy program by the individual's attending or examining physician;

the superintendent of the facility in which the individual is committed or the court at the time of commitment may place the individual on outpatient status for the remainder of the individual's commitment period, subject to the conditions of outpatient therapy programs under section 8 of this chapter.



IC 12-26-14-8
Committed individual placed on outpatient status; compliance with program

Sec. 8. An individual placed on outpatient status under section 7 of this chapter may be required to do the following:

(1) Follow the therapy program designed by the facility in which the individual has been placed.

(2) Attend any medical or psychiatric appointments made for the individual with respect to the individual's psychiatric condition.

(3) Reside at a place designated by the superintendent.



IC 12-26-14-9
Failure to comply with program; return to facility or transfer to

sub-acute stabilization program

Sec. 9. If the individual's attending or examining physician determines that the individual has failed to comply with the requirements under section 8 of this chapter and is likely to be dangerous or gravely disabled, the individual:

(1) may, in accordance with IC 12-24-8, be returned to the facility to which the individual is committed under this article as an inpatient; or

(2) may be transferred to a short term sub-acute stabilization treatment program under this chapter.


IC 12-26-14-10
Return to facility; hearing; hearing officer; appeal to committing court

Sec. 10. (a) After an individual has been returned to the facility to which the individual is committed under this article, the director shall conduct a hearing under IC 4-21.5-3 to determine whether:

(1) the individual has failed to comply with the requirements described in section 8 of this chapter;

(2) the individual is in need of inpatient treatment; and

(3) the individual's outpatient status should be revoked.

(b) A hearing required by subsection (a) may be conducted by a hearing officer appointed by the director.

(c) An individual may appeal under IC 4-21.5-5 a determination of the hearing officer by filing a petition with the court that committed the individual under IC 12-26-6 or IC 12-26-7.



IC 12-26-15
Chapter 15. Review of Commitment



IC 12-26-15-1
Annual review; contents; filing with court; notice

Sec. 1. (a) At least annually, and more often if directed by the court, the superintendent of the facility or the attending physician including the superintendent or attending physician of an outpatient therapy program, shall file with the court a review of the individual's care and treatment. The review must contain a statement of the following:

(1) The mental condition of the individual.

(2) Whether the individual is dangerous or gravely disabled.

(3) Whether the individual:

(A) needs to remain in the facility; or

(B) may be cared for under a guardianship.

(b) If the court has entered an order under IC 12-26-12-1, the superintendent or the attending physician shall give notice of the review to the petitioner in the individual's commitment proceeding and other persons that were designated by the court under IC 12-26-12-1.



IC 12-26-15-2
Receipt by court of review; options; appointment of guardian

Sec. 2. (a) Upon receipt of the report required by section 1 of this chapter, the court shall do one (1) of the following:

(1) Order the individual's continued custody, care, and treatment in the appropriate facility or therapy program.

(2) Terminate the commitment or release the individual from the therapy program.

(3) Conduct a hearing under IC 12-26-12.

(b) The court may, in order to make provision for the individual's continued care, appoint a guardian for the individual.


IC 12-26-15-3
Requesting hearing for review or dismissal of commitment or order; frequency of commitment reviews; hearing date

Sec. 3. (a) Upon receiving a copy of the court order, the individual or the individual's representative may request a hearing for review or dismissal of the commitment or order concerning the therapy program. The right to review of the regular commitment or therapy order is limited to one (1) review each year, unless the court determines that there is good cause for an additional review.

(b) When a hearing request is received, the court shall set a hearing date and provide at least five (5) days notice to all of the following:

(1) The individual.

(2) The individual's counsel.

(3) Other interested parties.


IC 12-26-15-4

Rights of committed individual; hearing procedures

Sec. 4. (a) The rights of a committed individual are the same as those provided in IC 12-26-6.
(b) Hearing procedures for a hearing under this chapter are the same as those provided in IC 12-26-6.


IC 12-26-15-5
Discharge before end of commitment period or court ordered therapy program period; notice to court of discharge or release from therapy program

Sec. 5. (a) Unless the court has entered an order under IC 12-26-12, the individual may be discharged before the end of the commitment period or court ordered therapy program period if either of the following apply:

(1) The superintendent or the attending physician determines that the individual is not mentally ill and either dangerous or gravely disabled.

(2) The superintendent determines, with the written consent of the attending physician, that the individual will enter a facility that provides more appropriate care and treatment immediately following the individual's discharge.

(b) If an individual is discharged or released from a therapy program under this section, the superintendent or the attending physician shall notify the court. The court shall enter an order terminating the commitment or releasing the individual from the therapy program.



IC 12-26-16
Chapter 16. Guardianships



IC 12-26-16-1
Request by subject individual or other interested party; establishing guardianship instead of making commitment

Sec. 1. At the request of the individual who is the subject of a proceeding under this article or another interested party, the court may establish a guardianship for the individual or the individual's property instead of making or continuing a regular commitment to a facility under IC 12-26-7 or at any other time.



IC 12-26-16-2
Application of law governing guardianships

Sec. 2. A guardianship established under section 1 of this chapter shall be established under the applicable Indiana law governing guardianships.



ARTICLE 27. RIGHTS OF INDIVIDUALS BEING TREATED FOR MENTAL ILLNESS OR DEVELOPMENTAL DISABILITIES



IC 12-27-2
Chapter 2. Rights of Patients



IC 12-27-2-1
Professional and appropriate services or training; humane care; religious practice; consultation with legal counsel and private practitioners

Sec. 1. Subject to section 2 of this chapter, a patient is entitled to all of the following:

(1) Mental health services or developmental training:

(A) in accordance with standards of professional practice;

(B) appropriate to the patient's needs; and

(C) designed to afford a reasonable opportunity to improve the patient's condition.

(2) Humane care and protection from harm.

(3) The right to practice the patient's religion.

(4) Contact and consultation with legal counsel and private practitioners of the patient's choice at the patient's expense.



IC 12-27-2-2
Limitations; no known effective treatment or training; services or training not likely to produce significant improvement

Sec. 2. (a) The rights set forth in section 1 of this chapter are subject to the limitation that there may be certain conditions for which there is no known effective treatment or developmental training.

(b) A service provider is not required to afford mental health services or developmental training where treatment would not be likely to produce a significant improvement.


IC 12-27-2-3
Exercise of constitutional, statutory, and civil rights; rights denied or limited by adjudication or finding of mental incompetency; voidable acts not validated

Sec. 3. (a) A patient is entitled to exercise the patient's constitutional, statutory, and civil rights except for those rights that have been denied or limited by an adjudication or finding of mental incompetency in a guardianship or other civil proceeding.

(b) This section does not validate the otherwise voidable act of an individual who was:

(1) mentally incompetent at the time of the act; and

(2) not judicially declared to be mentally incompetent.


IC 12-27-3
Chapter 3. Conditional Rights of Patients in Residential Settings



IC 12-27-3-1
Reasonable means of communication defined

Sec. 1. As used in this chapter, "reasonable means of communication" includes the following rights:

(1) To be visited at reasonable times.

(2) To send and receive sealed mail.

(3) To have access to a reasonable amount of letter writing materials and postage.

(4) To place and receive telephone calls at the patient's own expense.


IC 12-27-3-2
Rights additional to those recognized in IC 12-27-2

Sec. 2. The rights described in this chapter are in addition to the rights recognized in IC 12-27-2.


IC 12-27-3-3
Conditional rights
Sec. 3. Subject to section 4 of this chapter, a patient receiving services or training in a residential setting is conditionally entitled to do all of the following:

(1) Wear the individual's own clothes.
(2) Keep and use personal possessions.
(3) Keep and spend a reasonable amount of the individual's own money.
(4) Have access to individual storage space for private use.
(5) Maintain reasonable means of communication with persons outside the facility.



IC 12-27-3-4
Denial or limitation of rights

Sec. 4. The conditional rights recognized in this chapter may be denied or limited as follows:

(1) In the circumstances and according to the procedures established by rules of the appropriate division.

(2) Because of inconsistency with the design of a treatment or habilitation program if the program design has been approved by the division.

(3) On an individual basis, only for good cause as set forth in the individual treatment record and approved by the person primarily responsible for the patient's care and treatment.


IC 12-27-3-5

Notice of denial or limitation of rights

Sec. 5. The service provider shall give notice of denial or limitation of rights under section 4 of this chapter to the following:

(1) The patient.

(2) The guardian or appointed advocate of the patient.




IC 12-27-4
Chapter 4. Seclusion and Restraint of Patients



IC 12-27-4-1
Cases in which seclusion or restraint may be used

Sec. 1. A service provider may use seclusion or restraint of a patient only in the following cases:

(1) When necessary to prevent danger of abuse or injury to the patient or others.

(2) As a measure of therapeutic treatment.


IC 12-27-4-2
Recording instances of and reasons for use of seclusion or restraint

Sec. 2. A service provider shall record all instances of restraint or seclusion and detailed reasons for the restraint or seclusion in the patient's habilitation or treatment record.


IC 12-27-4-3
Observation of restrained or secluded patient; recording

Sec. 3. A service provider shall do the following:

(1) Frequently observe a patient who is restrained or secluded.

(2) Enter written notification of the observation in the patient's treatment or habilitation record.


IC 12-27-5
Chapter 5. Refusal of Treatment



IC 12-27-5-1
Voluntary patients; rights to refuse treatment
Sec. 1. An adult voluntary patient who is not adjudicated mentally incompetent may refuse to submit to treatment or a habilitation program.


IC 12-27-5-2
Involuntary patients; petitioning committing court or hearing officer
Sec. 2. (a) An involuntary patient who wants to refuse to submit to treatment or a habilitation program may petition the committing court or hearing officer for consideration of the treatment or program.
(b) In the absence of a petition made under subsection (a), the service provider may proceed with the proposed treatment or habilitation program.



IC 12-27-6
Chapter 6. Information Concerning Rights of Patients



IC 12-27-6-1
Patient access to information respecting patient rights
Sec. 1. The administrative head of a facility subject to this article shall ensure that each patient in the service provider's care has access to the information contained in this article respecting the patient's rights.



IC 12-27-6-2
Information required to be given patients

Sec. 2. A service provider shall inform all patients of the following:

(1) The nature of the treatment or habilitation program proposed.

(2) The known effects of receiving and of not receiving the treatment or habilitation.

(3) Alternative treatments or habilitation programs, if any.



IC 12-27-6-3
Adult voluntary patients; right to refuse treatment or habilitation; involuntary patients; right to petition for consideration

Sec. 3. (a) A service provider shall inform all adult voluntary patients who are not adjudicated mentally incompetent of the right to refuse to submit to treatment or a habilitation program.

(b) A service provider shall inform all involuntary patients, verbally and in writing, of the right to petition the committing court or hearing officer for consideration of the treatment or program.



IC 12-27-7
Chapter 7. Waiver of Rights



IC 12-27-7-1
Voluntary and knowing waiver

Sec. 1. A patient may waive any of the rights enumerated in this article if the waiver is given voluntarily and knowingly.


IC 12-27-7-2
Admission to program; waiver not condition

Sec. 2. A waiver made under section 1 of this chapter may be withdrawn at any time.


IC 12-27-7-3
Withdrawal of waiver

Sec. 3. Admission to a treatment or habilitation program may not be conditioned upon the giving of a waiver under section 1 of this chapter.



IC 12-27-8
Chapter 8. Remedies



IC 12-27-8-1
Remedy for violations

Sec. 1. A violation of rights recognized by this article may be remedied under this chapter.


IC 12-27-8-2
Action; court having jurisdiction; money damages for willful or wanton violations

Sec. 2. (a) An individual whose rights were violated or a person authorized by statute to act on the individual's behalf may bring an action.

(b) An action under this section shall be brought in a court that has jurisdiction.

(c) In an action under this section, money damages may be awarded only for willful or wanton violation of the rights recognized by this article.


IC 12-27-8-3
Administrative remedies

Sec. 3. A violation of rights recognized by this article may be remedied by an appropriate administrative action, including the following:

(1) Disciplinary action against an employee.

(2) Withdrawal of certification, license, or funding of a service provider.






I plan to write extensively on this topic when time permits.

This page is powered by Blogger. Isn't yours?