2013 Indiana Code
TITLE 12. HUMAN SERVICES
ARTICLE 26. VOLUNTARY AND INVOLUNTARY TREATMENT OF MENTALLY ILL INDIVIDUALS
CHAPTER 2. RIGHTS OF PERSONS
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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.
As added by P.L.2-1992, SEC.20.
IC 12-26-2-2
Notice of hearings; receipt of copies of petitions or orders;
presence at hearings; application of section
Sec. 2. (a) This section applies under the following statutes:
(1) IC 12-26-6.
(2) IC 12-26-7.
(3) IC 12-26-12.
(4) IC 12-26-15.
(b) The individual alleged to have a mental illness has the
following rights:
(1) To receive adequate notice of a hearing so that the
individual or the individual's attorney can prepare for the
hearing.
(2) To receive a copy of a petition or an order relating to the
individual.
(3) To be present at a hearing relating to the individual. The
individual's right under this subdivision is subject to the court's
right to do the following:
(A) Remove the individual if the individual is disruptive to
the proceedings.
(B) Waive the individual's presence at a hearing if the
individual's presence would be injurious to the individual's
mental health or well-being.
(4) To be represented by counsel.
As added by P.L.2-1992, SEC.20. Amended by P.L.99-2007,
SEC.123.
IC 12-26-2-3
Testimony and witnesses; application of section
Sec. 3. (a) This section applies under the following statutes:
(1) IC 12-26-6.
(2) IC 12-26-7.
(3) IC 12-26-12.
(4) IC 12-26-15.
(b) The individual alleged to have a mental illness, each
petitioner, and all other interested individuals shall be given an
opportunity to appear at hearings and to testify.
(c) The individual alleged to have a mental illness and each
petitioner may present and cross-examine witnesses at hearings.
(d) The court may receive the testimony of any individual.
As added by P.L.2-1992, SEC.20. Amended by P.L.99-2007,
SEC.124.
IC 12-26-2-4
Change of judge; venue not to change; application of section
Sec. 4. (a) This section applies under the following statutes:
(1) IC 12-26-6.
(2) IC 12-26-7.
(3) IC 12-26-12.
(4) IC 12-26-15.
(b) The individual alleged to have a mental illness and a
petitioner:
(1) has a right to a change of judge; and
(2) is not entitled to a change of venue from the county.
As added by P.L.2-1992, SEC.20. Amended by P.L.99-2007,
SEC.125.
IC 12-26-2-5
Representation by counsel; appointment; proof required by
petitioner
Sec. 5. (a) This section applies under the following statutes:
(1) IC 12-26-6.
(2) IC 12-26-7.
(3) IC 12-26-12.
(4) IC 12-26-15.
(b) A petitioner may be represented by counsel.
(c) The court may appoint counsel for a petitioner upon a showing
of the petitioner's indigency and the court shall pay for such counsel
if appointed.
(d) A petitioner, including a petitioner who is a health care
provider under IC 16-18-2-295(b), in the petitioner's individual
capacity or as a corporation is not required to be represented by
counsel. If a petitioner who is a corporation elects not to be
represented by counsel, the individual representing the corporation
at the commitment hearing must present the court with written
authorization from:
(1) an officer;
(2) a director;
(3) a principal; or
(4) a manager;
of the corporation that authorizes the individual to represent the
interest of the corporation in the proceedings.
(e) The petitioner is required to prove by clear and convincing
evidence that:
(1) the individual is mentally ill and either dangerous or gravely
disabled; and
(2) detention or commitment of that individual is appropriate.
As added by P.L.2-1992, SEC.20. Amended by P.L.1-1993, SEC.152;
P.L.2-1995, SEC.60; P.L.6-1995, SEC.21; P.L.256-1999, SEC.2;
P.L.14-2000, SEC.33; P.L.1-2007, SEC.126.
IC 12-26-2-6
Participation in proceedings or assisting in detention or care of
individual; immunity from liability
Sec. 6. (a) A person who without malice, bad faith, or negligence
acts according to this article and:
(1) participates in proceedings for the detention or commitment
of an individual; or
(2) assists in the detention, care, and treatment of an individual
alleged or adjudged to have a mental illness;
is immune from any civil or criminal liability that might otherwise be
imposed as a result of the person's actions.
(b) The immunity provided by this section does not permit a
person to do either of the following:
(1) Physically abuse an individual.
(2) Deprive an individual of a personal or civil right except
according to this article.
As added by P.L.2-1992, SEC.20. Amended by P.L.99-2007,
SEC.126.
IC 12-26-2-7
Child's advocate; immunity from civil liability
Sec. 7. Except for gross misconduct, if a child's advocate performs
the advocate's duties in good faith, the advocate is immune from any
civil liability that may occur as a result of the advocate's performance
of duties.
As added by P.L.2-1992, SEC.20.
IC 12-26-2-8
Detention or commitment; rights not affected
Sec. 8. (a) Detention or commitment of an individual under this
article does not deprive the individual of any of the following:
(1) The right to do the following:
(A) Dispose of property.
(B) Execute instruments.
(C) Make purchases.
(D) Enter into contracts.
(E) Give testimony in a court of law.
(F) Vote.
(2) A right of a citizen not listed in subdivision (1).
(b) A procedure is not required for restoration of rights of
citizenship of an individual detained or committed under this article.
As added by P.L.2-1992, SEC.20.
IC 12-26-2-9
Refusal to admit; transfer to division
Sec. 9. (a) The superintendent of a state institution may decline to
admit an individual if the superintendent determines that there is not
available adequate space, treatment staff, and treatment services
appropriate to the needs of the individual.
(b) If an individual is refused admission under subsection (a), the
commitment shall be transferred to the appropriate division. The
division shall make arrangements for the individual's admission to an
appropriate facility.
As added by P.L.2-1992, SEC.20. Amended by P.L.6-1995, SEC.22.
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