2024 Indiana Code
Title 12. Human Services
Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals
Chapter 5. Emergency Detention
12-26-5-11. Final Hearing; Burden of Proof; Testimony of Physician; Waiver

Sec. 11. (a) A final hearing required by section 9 of this chapter shall be held not later than fourteen (14) days from the date of the individual's admission to a facility, excluding Saturdays, Sundays, and legal holidays. The purpose of a final hearing is to determine by clear and convincing evidence whether the individual is:

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

(2) in need of temporary or regular commitment.

(b) At a final hearing, an individual may not be found in need of temporary or regular commitment unless:

(1) the physician who signed the attestation under section 1 of this chapter; or

(2) at least one (1) physician who has personally examined the individual;

testifies at the hearing. This testimony may be waived by the individual if the waiver is voluntarily and knowingly given.

[Pre-1992 Revision Citation: 16-13-9.1-7(e) part.]

As added by P.L.2-1992, SEC.20. Amended by P.L.205-2023, SEC.19.