§ 12-26-5-1 — 48-72 hour detention; written application; contents

Indiana § 12-26-5-1

• Jurisdiction: Indiana
• Art. 26: VOLUNTARY AND INVOLUNTARY
• Ch. 5: Emergency Detention

Text

(a) Except as otherwise provided in this
chapter, an individual may be detained in a facility for not more than
seventy-two (72) hours under this chapter, excluding Saturdays,
Sundays, and legal holidays, if a written application for detention is
filed with a court of competent jurisdiction in accordance with this
section.
(b) An individual may be detained in a facility for not more than
forty-eight (48) hours from the time of admission, excluding Saturdays,
Sundays, and legal holidays, unless the facility files an application for
detention, on a form prepared by the office of judicial administration,
with a court of competent jurisdiction within the forty-eight (48) hour
period. If the facility timely files an application for detention, the
individual may be detained for not more than seventy-two (72) hours
from the time of admission, excluding Saturdays, Sundays, and legal
holidays, unless the court approves the application for detention. If the
court approves the application for detention, the individual may be held
for not more than fourteen (14) days, from the time of admission,
excluding Saturdays, Sundays, and legal holidays, pending a final
hearing under section 11 of this chapter. If a patient is admitted to a
facility after midnight and before 8:00 a.m., the time periods described
in this subsection begin to run at 8:00 a.m.
(c) An application for detention under subsection (b) must contain
an attestation signed by a physician that there is probable cause to
believe that:
(1) the individual is mentally ill and either dangerous or gravely
disabled; and
(2) the individual requires continuing involuntary detention to
receive care and treatment;
based on an examination by a physician, advanced practice registered
nurse, or physician assistant, or information given to a physician,
advanced practice registered nurse, or physician assistant.
(d) A facility may not be required to first seek transfer of the
individual to a psychiatric hospital before commencing an application
for detention.
(e) A facility may commence an application for detention even if an
individual was not apprehended and transported to a facility under
section 0.5 of this chapter.
[Pre-1992 Revision Citation: 16-14-9.1-7(a) part.]

Legislative History

As added by P.L.2-1992, SEC.20. Amended by P.L.1-1993, SEC.153; P.L.40-1994, SEC.56; P.L.205-2023, SEC.10; P.L.147-2024, SEC.2.