2013 Indiana Code
TITLE 12. HUMAN SERVICES
ARTICLE 26. VOLUNTARY AND INVOLUNTARY TREATMENT OF MENTALLY ILL INDIVIDUALS
CHAPTER 12. NOTICE OF DISCHARGE OF AN INDIVIDUAL
Download as PDF
<![CDATA[
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 to notify the person who filed a petition with respect to
an individual committed to the community mental health center.
As added by P.L.2-1992, SEC.20. Amended by P.L.40-1994, SEC.60;
P.L.188-2013, SEC.18.
IC 12-26-12-2
Request by petitioner for hearing; notification of superintendent
Sec. 2. (a) Within ten (10) days after receiving a notice under
section 1 of this chapter, the petitioner may file a petition with the
court that ordered the committed individual's commitment requesting
a hearing to determine whether the individual should be discharged.
(b) The petitioner must notify the superintendent of a petition
filed with the court under subsection (a).
As added by P.L.2-1992, SEC.20.
IC 12-26-12-3
Absence of hearing request notice; discharge of individual
Sec. 3. If the superintendent does not receive notice of a request
for a hearing within ten (10) days after notice was given under
section 2 of this chapter, the committed individual shall be
discharged unless the superintendent determines that the individual
is mentally ill and either dangerous or gravely disabled.
As added by P.L.2-1992, SEC.20.
IC 12-26-12-4
Receipt by superintendent of hearing request notice; discharge of
individual
Sec. 4. If the superintendent is notified of a petition under section
2 of this chapter, the committed individual may not be discharged
except as provided in this chapter.
As added by P.L.2-1992, SEC.20.
IC 12-26-12-5
Petition; hearing date; failure to hold timely hearing; discharge of
individual
Sec. 5. (a) If the court receives a petition under section 2 of this
chapter, the court shall set a hearing date.
(b) The hearing date set under subsection (a) must be within
twenty (20) days after the petition is filed.
(c) If a hearing is not held within twenty (20) days of the filing of
the petition, the committed individual shall be discharged unless
either of the following apply:
(1) The individual agrees to a continuance.
(2) The superintendent determines that the individual is
mentally ill and either dangerous or gravely disabled.
As added by P.L.2-1992, SEC.20.
IC 12-26-12-6
Hearing; evidence; procedure; rights of committed individual
Sec. 6. At the hearing:
(1) the petitioner is entitled to present evidence concerning the
committed individual's mental or physical condition;
(2) the procedure is the same as provided in IC 12-26-6; and
(3) the committed individual's rights are the same as provided
in IC 12-26-6.
As added by P.L.2-1992, SEC.20.
IC 12-26-12-7
Finding that individual is not mentally ill and either dangerous or
gravely disabled; discharge
Sec. 7. The court shall order the discharge of a committed
individual and terminate the commitment if the court finds that the
individual is not mentally ill and either dangerous or gravely
disabled.
As added by P.L.2-1992, SEC.20.
IC 12-26-12-8
Appointment of guardian
Sec. 8. If the court does not order the discharge of the committed
individual under section 7 of this chapter, the court may appoint a
guardian to provide for the individual's continued care.
As added by P.L.2-1992, SEC.20.
]]>
Disclaimer: These codes may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
