Public-domain · open source
OpenJurist

Ind. Code § 12-26-2-2

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

Applied in 2 court decisions — leading case In the Matter of the Commitment of M.E. v. Department of Veterans Affairs (2016)

Most recently applied in A.A. v. Eskenazi Health/Midtown CMHC (May 2018)

As added by P.L.2-1992, SEC.20

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.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.