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Ind. Code § 12-26-6-2

Methods by which commitment proceedings may be begun

Applied in 2 court decisions — leading case In Re the Commitment of J.B. (2002)

Most recently applied in In the Matter of the Commitment of J.M., J.M. v. Northeastern Center, Inc. (October 2016)

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

Sec. 2. (a) A commitment under this chapter may be begun by any of the following methods:

(1) Upon request of the superintendent under IC 12-26-3-5.

(2) An order of the court:

(A) having jurisdiction over the individual following emergency detention; or

(B) referring an individual:

(i) following a hearing under IC 35-47-14-6; and

(ii) after a physicians written statement has been filed setting forth the requirements described in subsections (c)(1) and (c)(2) of this section.

(3) Filing a petition with a court having jurisdiction in the county:

(A) of residence of the individual; or

(B) where the individual may be found.

(b) A petitioner under subsection (a)(3) must be at least eighteen (18) years of age.

(c) A petition under subsection (a)(3) must include a physician's written statement stating both of the following:

(1) The physician has examined the individual within the past thirty (30) days.

(2) The physician believes the individual is:

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

(B) in need of custody, care, or treatment in an appropriate facility.

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