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

Indiana Statutes

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

Indiana·Art. 26 VOLUNTARY AND INVOLUNTARY·Ch. 5 Emergency Detention

(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

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(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.]

Indiana § 12-26-5-11 (Final hearing; burden of proof; testimony of physician; waiver) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.