Ind. Code § 12-26-5-11
Final hearing; burden of proof; testimony of physician; waiver
Redline — January 1, 2018 → current.View current text →
Current — January 1, 2023
As of January 1, 2018
Sec. 11. (a) A final hearing required by section 10(d) of this chapter shall be held within ten (10) days of the date of the preliminary hearing.
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 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.
(b) At a final hearing, an individual may not be found in need of temporary or regular commitment unless:
(c) If an individual has not previously been the subject of a commitment proceeding, the court may order only a temporary commitment.
(d) If an individual has previously been the subject of a commitment proceeding, the court may order a regular commitment if a longer period of treatment is warranted.
(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.