§ 12-26-3-5 — Refusal to release individual; grounds; written report to court

(a) The superintendent or the attending
physician is not required to release an individual under section 4 of this
chapter if the superintendent or the attending physician has reason to
believe the individual is mentally ill and either dangerous or gravely
disabled.
(b) If the superintendent or the attending physician makes a
determination under subsection (a), the superintendent or the attending
physician must make a written report to a court:
(1) that has jurisdiction;
(2) in the county:
(A) of the residence of the individual; or
(B) where the facility is located; and
(3) not later than five (5) days of receiving the request made
under section 4 of this chapter.
(c) A report under subsection (b) must:
(1) state that there is probable cause to believe that the individual
is mentally ill and either dangerous or gravely disabled;
(2) state that the individual requires continuing care and treatment
in the facility; and
(3) request a hearing on the report.
[Pre-1992 Revision Citation: 16-14-9.1-2(b) part.]

Legislative History

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