§ 12-26-5-11 — Final hearing; burden of proof; testimony of physician; waiver

Indiana § 12-26-5-11

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

Text

(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.
[Pre-1992 Revision Citation: 16-13-9.1-7(e) part.]

Legislative History

As added by P.L.2-1992, SEC.20. Amended by P.L.205-2023, SEC.19.