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Ind. Code § 12-26-5-11

Final hearing; burden of proof; testimony of physician; waiver

Applied in 1 court decision — leading case In Re the Commitment of J.B. (2002)

Most recently applied in In Re the Commitment of J.B. (April 2002)

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

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.

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