IC 12-7-2-24
Bureau
Sec. 24. "Bureau" means the following:
(1) For purposes of IC 12-10, the bureau of aging and in-home services established by IC 12-10-1-1.
(2) For purposes of IC 12-11, the bureau of developmental disabilities services established by IC 12-11-1.1-1.
(3) For purposes of IC 12-12, the rehabilitation services bureau of the division of disability, aging, and rehabilitative services established by IC 12-12-1-1.
(4) For purposes of IC 12-17-2, the meaning set forth in IC 12-17-2-1.
As added by P.L.2-1992, SEC.1. Amended by P.L.4-1993, SEC.18; P.L.5-1993, SEC.31; P.L.1-1994, SEC.47; P.L.40-1994, SEC.7; P.L.272-1999, SEC.11.

IC 12-7-2-20
Autistic
Sec. 20. "Autistic", for purposes of IC 12-11-1.1-6 and IC 12-28-4-13, refers to the characteristics of a neurological disorder that is described in the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Washington, American Psychiatric Association, 1994, pages 70 and 71.
As added by P.L.2-1992, SEC.1. Amended by P.L.151-1995, SEC.1; P.L.107-1997, SEC.1; P.L.272-1999, SEC.8.

IC 12-7-2-26
Center
Sec. 26. "Center", for purposes of IC 12-26, means a community mental health center.
As added by P.L.2-1992, SEC.1.

IC 12-7-2-28
Child
Sec. 28. "Child" means the following:
(1) For purposes of IC 12-13-15, the meaning set forth in IC 12-13-15-1.
(2) For purposes of IC 12-17.2 and IC 12-17.4, an individual who is less than eighteen (18) years of age.
(3) For purposes of IC 12-26, the meaning set forth in IC 31-9-2-13(d).
As added by P.L.2-1992, SEC.1. Amended by P.L.20-1992, SEC.6 and P.L.81-1992, SEC.6; P.L.1-1993, SEC.70; P.L.1-1997, SEC.49; P.L.34-2001, SEC.1.

IC 12-7-2-29
Child caring institution
Sec. 29. "Child caring institution" means the following:
(1) For purposes of IC 12-17.4:
(A) a residential facility that provides child care on a twenty-four (24) hour basis for more than ten (10) children; or

IC 12-7-2-38
Community mental health center
Sec. 38. "Community mental health center" means a program of services that meets the following conditions:
(1) Is approved by the division of mental health and addiction.
(2) Is organized for the purpose of providing multiple services for persons with mental illness or a chronic addictive disorder.
(3) Is operated by one (1) of the following or any combination of the following:
(A) A city, a town, a county, or another political subdivision of Indiana.
(B) An agency of the state.
(C) An agency of the United States.
(D) A political subdivision of another state.
(E) A hospital owned or operated by a unit of government described in clauses (A) through (D).
(F) A building authority organized for the purpose of constructing facilities to be leased to units of government.
(G) A corporation incorporated under IC 23-7-1.1 (before its repeal August 1, 1991) or IC 23-17.
(H) A nonprofit corporation incorporated in another state.
(I) A university or college.
As added by P.L.2-1992, SEC.1. Amended by P.L.23-1993, SEC.35; P.L.40-1994, SEC.9; P.L.215-2001, SEC.24.

IC 12-7-2-39
Community mental retardation and other developmental disabilities
Sec. 39. "Community mental retardation and other developmental disabilities centers", for purposes of IC 12-29 (except as provided in IC 12-29-3-6), means a program of services that meets the following conditions:
(1) Is approved by the division of disability, aging, and rehabilitative services.
(2) Is organized for the purpose of providing multiple services for persons with developmental disabilities.
(3) Is operated by one (1) of the following or any combination of the following:
(A) A city, a town, a county, or another political subdivision of Indiana.
(B) An agency of the state.
(C) An agency of the United States.
(D) A political subdivision of another state.

IC 12-7-2-40.6
Continuum of care
Sec. 40.6. "Continuum of care" means a range of services the provision of which is assured by a community mental health center or a managed care provider. The term includes the following:
(1) Individualized treatment planning to increase patient coping skills and symptom management, which may include any combination of services listed under this section.
(2) Twenty-four (24) hour a day crisis intervention.
(3) Case management to fulfill individual patient needs, including assertive case management when indicated.
(4) Outpatient services, including intensive outpatient services, substance abuse services, counseling, and treatment.
(5) Acute stabilization services, including detoxification services.
(6) Residential services.

IC 12-7-2-53
Dangerous
Sec. 53. "Dangerous", for purposes of IC 12-26, means a condition in which an individual as a result of mental illness, presents a substantial risk that the individual will harm the individual or others.
As added by P.L.2-1992, SEC.1.

IC 12-7-2-61
Developmental disability
Sec. 61. "Developmental disability" means the following:
(1) Except as provided in subdivision (2), before July 1, 1993, the term means a disability of an individual that:
(A) is attributable to:
(i) mental retardation, cerebral palsy, epilepsy, or autism;
(ii) any other condition found to be closely related to mental retardation, because this condition results in similar impairment of general intellectual functioning or adaptive behavior or requires similar treatment and services; or
(iii) dyslexia resulting from a disability described in this subdivision;
(B) originates before the person is eighteen (18) years of age;
(C) has continued or is expected to continue indefinitely; and
(D) constitutes a substantial disability to the individual's ability to function normally in society.
(2) For purposes of IC 12-10-7 and IC 12-28-1 before July 1, 1993, and for purposes of IC 12 after June 30, 1993, the term means a severe, chronic disability of an individual that:
(A) is attributable to a mental or physical impairment, or a combination of mental and physical impairments (other than a sole diagnosis of mental illness);
(B) is manifested before the individual is twenty-two (22) years of age;
(C) is likely to continue indefinitely;
(D) reflects the individual's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated; and
(E) results in substantial limitations in at least three (3) of the following:
(i) Self-care.
(ii) Receptive and expressive language.
(iii) Learning.
(iv) Mobility.
(v) Self-direction.
(vi) Capacity for independent living.
(vii) Economic self-sufficiency.
As added by P.L.2-1992, SEC.1. Amended by P.L.23-1993, SEC.37.

IC 12-7-2-64
Director
Sec. 64. "Director" refers to the following:
(1) With respect to a particular division, the director of the division.
(2) With respect to a particular state institution, the director who has administrative control of and responsibility for the state institution.
(3) For purposes of IC 12-10-15, the term refers to the director of the division of disabilities, aging, and rehabilitative services.
(4) For purposes of IC 12-25, the term refers to the director of the division of mental health and addiction.
(5) For purposes of IC 12-26, the term:
(A) refers to the director who has administrative control of and responsibility for the appropriate state institution; and
(B) includes the director's designee.
(6) If subdivisions (1) through (5) do not apply, the term refers to the director of any of the divisions.
As added by P.L.2-1992, SEC.1. Amended by P.L.73-1998, SEC.1; P.L.215-2001, SEC.25.

IC 12-7-2-67
Discharge
Sec. 67."Discharge", for purposes of IC 12-26, means the final and complete release of a mentally ill individual from the care, treatment, training, or detention at a facility to which the individual was committed or entered voluntarily.
As added by P.L.2-1992, SEC.1.

IC 12-7-2-69
Division
Sec. 69. (a) "Division", except as provided in subsections (b) and (c), refers to any of the following:
(1) The division of disability, aging, and rehabilitative services established by IC 12-9-1-1.
(2) The division of family and children established by IC 12-13-1-1.
(3) The division of mental health and addiction established by IC 12-21-1-1.
(b) The term refers to the following:
(1) For purposes of the following statutes, the division of disability, aging, and rehabilitative services established by IC 12-9-1-1:
(A) IC 12-9.
(B) IC 12-10.
(C) IC 12-11.
(D) IC 12-12.
(2) For purposes of the following statutes, the division of family and children established by IC 12-13-1-1:
(A) IC 12-13.
(B) IC 12-14.
(C) IC 12-15.
(D) IC 12-16.
(E) IC 12-16.1.
(F) IC 12-17.
(G) IC 12-17.2.
(H) IC 12-17.4.
(I) IC 12-18.
(J) IC 12-19.
(K) IC 12-20.
(3) For purposes of the following statutes, the division of mental health and addiction established by IC 12-21-1-1:
(A) IC 12-21.
(B) IC 12-22.
(C) IC 12-23.
(D) IC 12-25.
(c) With respect to a particular state institution, the term refers to the division whose director has administrative control of and responsibility for the state institution.
(d) For purposes of IC 12-24, IC 12-26, and IC 12-27, the term refers to the division whose director has administrative control of and responsibility for the appropriate state institution.
As added by P.L.2-1992, SEC.1. Amended by P.L.20-1992, SEC.15; P.L.81-1992, SEC.15; P.L.1-1993, SEC.82; P.L.4-1993, SEC.23; P.L.5-1993, SEC.36; P.L.1-1994, SEC.50; P.L.40-1994, SEC.12; P.L.215-2001, SEC.26; P.L.283-2001, SEC.10; P.L.1-2002, SEC.50.

IC 12-7-2-82
Facility
Sec. 82. "Facility" means the following:
(1) For purposes of IC 12-17-12, the meaning set forth in IC 12-17-12-3.
(2) For purposes of IC 12-17-13, the meaning set forth in IC 12-17-13-2.
(3) For purposes of IC 12-26, a psychiatric hospital, a community mental health center, another institution, a program, a managed care provider, or a child caring institution:
(A) where a mentally ill individual can receive rehabilitative treatment, or habilitation and care, in the least restrictive environment suitable for the necessary care, treatment, and protection of the individual and others; and
(B) that has adequate space and treatment staff appropriate to the needs of the individual as determined by the superintendent of the facility.
The term includes all services, programs, and centers of the facility, wherever located.
(4) For purposes of IC 12-15-32, the meaning set forth in IC 12-15-32-1.
As added by P.L.2-1992, SEC.1. Amended by P.L.62-1993, SEC.2; P.L.40-1994, SEC.13.

IC 12-7-2-83
Federal department
Sec. 83. "Federal department", for purposes of IC 12-26-9, has the meaning set forth in IC 12-26-9-1.
As added by P.L.2-1992, SEC.1.

IC 12-7-2-84
Federal facility
Sec. 84. "Federal facility", for purposes of IC 12-26-9, has the meaning set forth in IC 12-26-9-2.
As added by P.L.2-1992, SEC.1.

IC 12-7-2-91.4
Gatekeeper
Sec. 91.4. "Gatekeeper", for purposes of IC 12-24, IC 12-25, and IC 12-26, means an entity identified in IC 12-24-12-10 that is actively involved in the evaluation and planning of and treatment for a committed individual beginning after the commitment through the planning of the individual's transition back into the community, including case management services for the individual in the community.
As added by P.L.6-1995, SEC.3. Amended by P.L.108-1996, SEC.1.

IC 12-7-2-96
Gravely disabled
Sec. 96. "Gravely disabled", for purposes of IC 12-26, means a condition in which an individual, as a result of mental illness, is in danger of coming to harm because the individual:
(1) is unable to provide for that individual's food, clothing, shelter, or other essential human needs; or
(2) has a substantial impairment or an obvious deterioration of that individual's judgment, reasoning, or behavior that results in the individual's inability to function independently.
As added by P.L.2-1992, SEC.1.

IC 12-7-2-130
Mental illness
Sec. 130. "Mental illness" means the following:
(1) For purposes of IC 12-23-5, IC 12-24, and IC 12-26, a psychiatric disorder that:
(A) substantially disturbs an individual's thinking, feeling, or behavior; and
(B) impairs the individual's ability to function.
The term includes mental retardation, alcoholism, and addiction to narcotics or dangerous drugs.
(2) For purposes of IC 12-28-4 and IC 12-28-5, a psychiatric disorder that:
(A) substantially disturbs an individual's thinking, feeling, or behavior; and
(B) impairs the individual's ability to function.
The term does not include developmental disability.
As added by P.L.2-1992, SEC.1.

IC 12-7-2-131
Mentally ill individual
Sec. 131. "Mentally ill individual", for purposes of IC 12-22-1 and IC 12-24-17, means an individual who:
(1) has a psychiatric disorder that substantially impairs the individual's mental health; and
(2) requires care, treatment, training, or detention:
(A) because of the psychiatric disorder; or
(B) for the welfare of the individual or others of the community in which the individual resides.
As added by P.L.2-1992, SEC.1.

IC 12-7-2-131
Mentally ill individual
Sec. 131. "Mentally ill individual", for purposes of IC 12-22-1 and IC 12-24-17, means an individual who:
(1) has a psychiatric disorder that substantially impairs the individual's mental health; and
(2) requires care, treatment, training, or detention:
(A) because of the psychiatric disorder; or
(B) for the welfare of the individual or others of the community in which the individual resides.
As added by P.L.2-1992, SEC.1.

IC 12-7-2-135
Office of the secretary
Sec. 135. "Office of the secretary" refers to the office of the secretary of family and social services established by IC 12-8-1-1.
As added by P.L.2-1992, SEC.1.

IC 12-7-2-136
Patient
Sec. 136. "Patient" means the following:
(1) For purposes of IC 12-24-1-4, an individual who is admitted to a state institution for observation, diagnosis, or treatment.
(2) For purposes of IC 12-24-7, the meaning set forth in IC 12-24-7-1.
(3) For purposes of IC 12-24-6, IC 12-24-13, IC 12-24-14 and IC 12-24-15, a mentally ill individual, an individual who appears to be mentally ill, or a mentally retarded individual who is:
(A) in or under the supervision and control of a state institution; or
(B) because of mental illness, under the supervision and control of a circuit, superior, or juvenile court.
(4) For purposes of IC 12-24-17, the meaning set forth in IC 12-24-17-2.
(5) For purposes of IC 12-27, an individual receiving mental health services or developmental training. The term includes a client of a service provider.
As added by P.L.2-1992, SEC.1.

IC 12-7-2-137
Person
Sec. 137. (a) "Person", except as provided in subsections (b) and (c), means an association, a corporation, a limited liability company, a governmental entity, an individual, or a partnership.
(b) "Person", for purposes of IC 12-13-14, has the meaning set forth in IC 12-13-14-1.
(c) "Person", for purposes of IC 12-17.2 and IC 12-17.4, means an individual who is at least twenty-one (21) years of age, a corporation, a partnership, a voluntary association, or other entity.
As added by P.L.2-1992, SEC.1. Amended by P.L.20-1992, SEC.20; P.L.81-1992, SEC.21; P.L.1-1993, SEC.89; P.L.8-1993, SEC.181; P.L.257-1997(ss), SEC.5.

IC 12-7-2-138
Physician
Sec. 138. "Physician" means the following:

IC 12-7-2-150
Psychiatric disorder
Sec. 150. "Psychiatric disorder", for purposes of section 130(2) of this chapter, means a mental disorder or disease. The term does not include the following:
(1) Mental retardation.
(2) A developmental disability.
(3) Alcoholism.
(4) Addiction to narcotic or dangerous drugs.
As added by P.L.2-1992, SEC.1. Amended by P.L.6-1995, SEC.5; P.L.108-1996, SEC.2.

IC 12-7-2-151
Psychiatric hospital
Sec. 151. "Psychiatric hospital", for purposes of section 82 of this chapter, means any of the following:
(1) A state institution.
(2) A general hospital:
(A) licensed by the state department of health; and
(B) that maintains and operates facilities for the observation, care, treatment, and detention of individuals who are mentally ill.
(3) A private psychiatric hospital licensed by the division of mental health and addiction.
As added by P.L.2-1992, SEC.1. Amended by P.L.215-2001, SEC.28.

IC 12-7-2-164
Resident
Sec. 164. "Resident" has the following meaning:
(1) For purposes of IC 12-10-15, the meaning set forth in IC 12-10-15-5.
(2) For purposes of IC 12-16, except IC 12-16-1, and for purposes of IC 12-16.1, an individual who has actually resided in Indiana for at least ninety (90) days.
(3) For purposes of IC 12-20-8, the meaning set forth in IC 12-20-8-1.
(4) For purposes of IC 12-24-5, the meaning set forth in IC 12-24-5-1.
As added by P.L.2-1992, SEC.1. Amended by P.L.73-1998, SEC.5; P.L.283-2001, SEC.18; P.L.120-2002, SEC.12.

IC 12-7-2-165
Residential facility
Sec. 165. "Residential facility", for purposes of IC 12-28-4 and IC 12-28-5, refers to a residential facility for the developmentally disabled or a residential facility for the mentally ill.
As added by P.L.2-1992, SEC.1.

IC 12-7-2-166
Residential facility for the developmentally disabled
Sec. 166. "Residential facility for the developmentally disabled", for purposes of IC 12-28-4 and IC 12-28-5, means a facility that provides residential services for developmentally disabled individuals in a program described in IC 12-11-1.1-1(e)(1) or IC 12-11-1.1-1(e)(2).
As added by P.L.2-1992, SEC.1. Amended by P.L.23-1992, SEC.2; P.L.272-1999, SEC.21.

IC 12-7-2-167
Residential facility for the mentally ill
Sec. 167. "Residential facility for the mentally ill", for purposes of IC 12-28-4 and IC 12-28-5, means a facility that provides residential services for mentally ill individuals in a program described in IC 12-22-2-3.
As added by P.L.2-1992, SEC.1. Amended by P.L.23-1992, SEC.3; P.L.62-1993, SEC.3; P.L.6-1995, SEC.6.

IC 12-7-2-172
Secretary
Sec. 172. (a) Except as provided in subsection (b), "secretary" refers to the secretary of family and social services appointed under IC 12-8-1-2.
(b) "Secretary", for purposes of IC 12-13-14, has the meaning set forth in IC 12-13-14-1.
As added by P.L.2-1992, SEC.1. Amended by P.L.2-1997, SEC.33.

IC 12-7-2-182
State developmental center
Sec. 182. "State developmental center", for purposes of IC 12-11-2.1, refers to an institution listed in IC 12-24-1-1.
As added by P.L.2-1992, SEC.1. Amended by P.L.272-1999, SEC.23.

IC 12-7-2-184
State institution
Sec. 184. (a) "State institution" means an institution:
(1) owned or operated by the state;
(2) for the observation, care, treatment, or detention of an individual; and
(3) under the administrative control of a division.
(b) The term includes the following:
(1) Central State Hospital.
(2) Evansville State Hospital.
(3) Evansville State Psychiatric Treatment Center for Children.
(4) Fort Wayne State Developmental Center.
(5) Larue D. Carter Memorial Hospital.
(6) Logansport State Hospital.
(7) Madison State Hospital.
(8) Muscatatuck State Developmental Center.
(9) Richmond State Hospital.
As added by P.L.2-1992, SEC.1. Amended by P.L.272-1999, SEC.24.

IC 12-7-2-188
Superintendent
Sec. 188. "Superintendent" has the following meaning:
(1) For purposes of IC 12-24, the term refers to the administrative head of a state institution appointed under IC 12-24-2-2.
(2) For purposes of IC 12-24-6, IC 12-24-15, and IC 12-24-17, the term includes:
(A) an employee; or
(B) an individual who holds a license to practice medicine under IC 25-22.5;
designated as a deputy or an agent of the individual described in subdivision (1).
(3) For purposes of IC 12-26, the term means the chief administrative officer of a facility and includes the chief administrative officer's designee.
As added by P.L.2-1992, SEC.1.

IC 12-7-2-188.3
Supervised group living facility
Sec. 188.3. "Supervised group living facility", for purposes of IC 12-28-4 and IC 12-28-5, refers to a supervised group living facility for the developmentally disabled.
As added by P.L.6-1995, SEC.7. Amended by P.L.111-1997, SEC.1.

IC 12-7-2-188.5
Supervised group living facility for the developmentally disabled
Sec. 188.5. "Supervised group living facility for the developmentally disabled", for purposes of IC 12-28-4 and IC 12-28-5, refers to a supervised group living facility for developmentally disabled individuals in a program described in IC 12-11-1.1-1(e)(1).
As added by P.L.6-1995, SEC.8. Amended by P.L.272-1999, SEC.25.

IC 12-7-2-188.7
Supervised group living facility for the mentally ill
Sec. 188.7. "Supervised group living facility for the mentally ill", for purposes of IC 12-21-2-3, refers to a supervised group living facility for the mentally ill in a program described in IC 12-22-2-3(2).
As added by P.L.6-1995, SEC.9. Amended by P.L.111-1997, SEC.2.

Chapter 1.1. Bureau of Developmental Disabilities Services; Community Based Services

IC 12-11-1.1-1
Establishment
Sec. 1. (a) The bureau of developmental disabilities services is established within the division.
(b) The bureau shall plan, coordinate, and administer the provision of individualized, integrated community based services for developmentally disabled individuals and their families, within the limits of available resources. The planning and delivery of services must be based on the developmentally disabled individual's future plans rather than on traditional determinations of eligibility for discrete services, with an emphasis on the preferences of the developmentally disabled individual and that individual's family.
(c) Services for developmentally disabled individuals must be services that meet the following conditions:
(1) Are provided under public supervision.
(2) Are designed to meet the developmental needs of developmentally disabled individuals.
(3) Meet all required state and federal standards.
(4) Are provided by qualified personnel.
(5) To the extent appropriate, are provided in home and community based settings in which individuals without disabilities participate.
(6) Are provided in conformity with a service plan developed under IC 12-11-2.1-2.
(d) The bureau shall approve entities to provide community based services and supports.
(e) The bureau shall approve and monitor community based residential, habilitation, and vocational service providers that provide alternatives to placement of developmentally disabled individuals in state institutions and health facilities licensed under IC 16-28 for developmentally disabled individuals. The services must simulate, to the extent feasible, patterns and conditions of everyday life that are as close as possible to normal. The community based service categories include the following:
(1) Supervised group living programs, which serve at least four (4) individuals and not more than eight (8) individuals, are funded by Medicaid, and are licensed by the community residential facilities council.
(2) Supported living service arrangements to meet the unique needs of individuals in integrated settings, which may serve not more than four (4) unrelated individuals in any one (1) setting. However, the head of the bureau shall waive this limitation for a setting that was in existence on June 30, 1999.
(3) Day habilitation and vocational services that are goal oriented and person focused to achieve the degree of independence possible in activities of daily living.

IC 12-11-1.1-2
Medicaid funding; payment for services
Sec. 2. (a) Except as specified by the terms of the Medicaid program:
(1) an individual who receives services under this chapter; and
(2) the parents of the individual, if the individual is less than eighteen (18) years of age;
are liable for the cost of services and supports.
(b) The bureau shall make every effort to assure that individualized service plans developed for developmentally disabled individuals maximize the amount of Medicaid funding available to meet the needs of the individual.
(c) The bureau may provide reimbursement for services identified in an individual's individual service plan that are not eligible for Medicaid reimbursement and for which the individual does not have the resources to pay.
As added by P.L.272-1999, SEC.33.

IC 12-11-1.1-3
Contracts to provide services
Sec. 3. The division may contract with:
(1) community mental retardation and other developmental disabilities centers;
(2) corporations; or
(3) individuals;
that are approved by the division to provide the services described in this chapter.
As added by P.L.272-1999, SEC.33.

IC 12-11-1.1-4
Continuing eligibility for Medicaid
Sec. 4. A developmentally disabled individual who is eligible for Medicaid remains eligible for Medicaid if transferred to community based services described in section 1(e) of this chapter.
As added by P.L.272-1999, SEC.33.

IC 12-11-1.1-5
Continuing approved placement of individuals in certain facilities

IC 12-11-1.1-6
Autistic individuals not excluded
Sec. 6. An individual who has been diagnosed to be autistic may not be excluded from services for developmentally disabled individuals because the individual has autism.
As added by P.L.272-1999, SEC.33.

IC 12-11-1.1-7
Community residential facilities operated by division
Sec. 7. Subject to the availability of money, the division may operate community residential facilities for developmentally disabled individuals who are hard to place, if private providers cannot be found to operate facilities for those individuals. Placement of individuals in these facilities is governed by IC 12-11-2.1.
As added by P.L.272-1999, SEC.33.

IC 12-11-1.1-8
Calculation of savings from transfer or discharge of individuals to community based resident setting
Sec. 8. The budget agency shall annually:
(1) calculate; and
(2) report to the budget committee;
any savings realized from the transfer or discharge of individuals with developmental disabilities from a state developmental center to a community based resident setting.
As added by P.L.272-1999, SEC.33.

IC 12-11-1.1-9
Rules
Sec. 9. The director of the division may adopt rules under IC 4-22-2 to carry out this chapter.
As added by P.L.272-1999, SEC.33.

Chapter 2.1. Service Coordination Services for Developmentally Disabled Individuals

IC 12-11-2.1-1
Diagnostic assessment
Sec. 1. (a) The bureau shall determine whether or not an individual is a developmentally disabled individual. For individuals for whom there is not enough current information available to make a determination of eligibility, the bureau shall use the results of a diagnostic assessment in determining whether an individual is a developmentally disabled individual. A diagnostic assessment must include the following:
(1) Diagnostic information concerning the individual's functioning level and medical and habilitation needs.
(2) All information necessary for the use of the office of Medicaid policy and planning, the Indiana health facilities council, and the division.
(3) The use of all appropriate assessments conducted under rules adopted under IC 16-28.
(b) An individual who is found not to be a developmentally disabled individual may appeal the bureau's finding under IC 4-21.5.
(c) If an individual is determined to be a developmentally disabled individual, the office shall determine whether the individual meets the appropriate federal level of care requirements.
As added by P.L.272-1999, SEC.34.

IC 12-11-2.1-2
Service coordination services
Sec. 2. The bureau shall, within the limits of available resources, provide service coordination services to developmentally disabled individuals. Service coordination services must include the development of an individual service plan.
As added by P.L.272-1999, SEC.34.

IC 12-11-2.1-3
Services provided through individual service plan
Sec. 3. All services provided to an individual must be provided under the developmentally disabled individual's individual service plan. To the extent that services described in IC 12-11-1.1-1(e) are available and meet the individual's needs, services provided to an individual shall be provided in the least restrictive environment possible.
As added by P.L.272-1999, SEC.34. Amended by P.L.14-2000, SEC.29.

IC 12-11-2.1-4
Placement authority
Sec. 4. The bureau shall serve as the placement authority for developmentally disabled individuals under service plans developed under this chapter, including all placements in a state developmental

IC 12-11-2.1-5
Authorizing services for individual in community based setting
Sec. 5. When authorizing services for a developmentally disabled individual in a community based setting, the bureau shall give equal consideration based on need between:
(1) individuals who resided with a family member, relative, or guardian immediately before the community based residential placement; and
(2) individuals being placed from:
(A) a state developmental center;
(B) an intermediate care facility; or
(C) a nursing facility.
As added by P.L.272-1999, SEC.34.

IC 12-11-2.1-6
Approval of placement in intermediate care facility
Sec. 6. The bureau may not approve the initial placement of a developmentally disabled individual in an intermediate care facility for the mentally retarded serving more than eight (8) individuals or a nursing facility unless:
(1) the individual has medical needs; and
(2) the placement is appropriate to the individual's needs.
If the placement is in a nursing facility, that placement must be appropriate to an individual's needs based upon preadmission screening conducted under IC 12-10-12.
As added by P.L.272-1999, SEC.34.

IC 12-11-2.1-7
Service plan for individual discharged or on outpatient status from state institution
Sec. 7. Before a developmentally disabled individual is:
(1) discharged from a state institution; or
(2) placed on outpatient status under IC 12-26-14 by a state institution;
the bureau shall develop a service plan for the individual under section 2 of this chapter.
As added by P.L.272-1999, SEC.34.

IC 12-11-2.1-8
Monitoring compliance with plan while outpatient
Sec. 8. If a developmentally disabled individual committed to a state developmental center is placed on outpatient status under IC 12-26-14, the bureau shall monitor the individual's compliance with the individual's service plan during the period that the individual is in outpatient status.
As added by P.L.272-1999, SEC.34.

IC 12-11-2.1-9
Memorandum of understanding concerning referrals
Sec. 9. The division of mental health and addiction and the division shall enter into a memorandum of understanding concerning referrals to the bureau of developmentally disabled individuals discharged from or on an outpatient status from a state institution operated by the division of mental health and addiction.
As added by P.L.272-1999, SEC.34. Amended by P.L.215-2001, SEC.39.

IC 12-11-2.1-10
Personal and vocational counselors required
Sec. 10. The division shall require service coordination personnel and vocational counselors to coordinate their services.
As added by P.L.272-1999, SEC.34.

IC 12-11-2.1-11
Decertified individuals receiving services; resources
Sec. 11. (a) An individual who is receiving services for developmentally disabled individuals funded by Medicaid and has been decertified by the office because the individual fails to meet appropriate federal level of care requirements must continue to receive the same services, unless an appropriate individual service plan has been developed outlining the services needed by the individual to live in the least restrictive environment.
(b) After available federal, local, and individual resources have been used, unencumbered state appropriations that are available, as determined by the budget director, must be used to implement plans developed under subsection (a).
As added by P.L.272-1999, SEC.34.

IC 12-11-2.1-12
Rules
Sec. 12. The director of the division may adopt rules under IC 4-22-2 to carry out this chapter.
As added by P.L.272-1999, SEC.34.

IC 12-26-1
Chapter 1. Jurisdiction and Procedure

IC 12-26-1-1
Statutes under which mentally ill and either dangerous or gravely disabled may be involuntarily detained or committed
Sec. 1. An individual who is mentally ill and either dangerous or gravely disabled may be involuntarily detained or committed under any of the following statutes:
(1) IC 12-26-4 (immediate detention).
(2) IC 12-26-5 (emergency detention).
(3) IC 12-26-6 (temporary commitment).
(4) IC 12-26-7 (regular commitment).
As added by P.L.2-1992, SEC.20.

IC 12-26-1-2
Courts having jurisdiction of proceedings under article; exceptions
Sec. 2. Except as provided in sections 3 and 4 of this chapter, the following Indiana courts have jurisdiction over a proceeding under this article:
(1) A court having probate jurisdiction.
(2) A superior court in a county in which the circuit court has exclusive probate jurisdiction.
(3) A mental health division of a superior court to the extent the mental health division has jurisdiction under IC 33-5.1-2-4.
As added by P.L.2-1992, SEC.20. Amended by P.L.16-1995, SEC.4.

IC 12-26-1-3
Hearing required to be held by IC 35-36-2-4
Sec. 3. A court that conducted the trial has jurisdiction over a hearing required to be held by IC 35-36-2-4. The court retains jurisdiction over the individual held under IC 35-36-2-4 until the completion of the commitment hearing. After completion of the commitment hearing, jurisdiction is transferred to a court having jurisdiction under section 2 of this chapter and all subsequent petitions or motions shall be filed with the court to which the proceeding is transferred. The file of the commitment hearing also shall be transferred from the committing court to the court having probate jurisdiction.
As added by P.L.2-1992, SEC.20.

IC 12-26-1-4
Juvenile court; placement only in child caring institutions;

transfer of proceedings
Sec. 4. (a) A juvenile court has concurrent jurisdiction over proceedings under this article that involve a child.
(b) The juvenile court may not commit or temporarily place a child under this article in a facility other than a child caring institution. If the juvenile court determines that commitment or temporary placement of a child in another facility is necessary, the juvenile court shall transfer the proceeding to a court having probate jurisdiction.
As added by P.L.2-1992, SEC.20.

IC 12-26-1-5
Proceedings under IC 12-26-3-5, IC 12-26-6-2(a)(1) or IC 12-26-6-2(a)(3); acquisition of jurisdiction over allegedly mentally ill individual; individual held under IC 12-26-6-2(a)(2); retention of jurisdiction
Sec. 5. (a) If a commitment proceeding is begun under IC 12-26-3-5, IC 12-26-6-2(a)(1), or IC 12-26-6-2(a)(3), the court acquires jurisdiction over the alleged mentally ill individual by service of summons on the individual according to the Indiana Rules of Trial Procedure or by entry of an appearance by the individual.
(b) If an individual is being held under IC 12-26-6-2(a)(2), the court retains jurisdiction over the individual by the court's order for continued detention.
As added by P.L.2-1992, SEC.20.

IC 12-26-1-6
Conduct of judicial proceedings; rules of procedure
Sec. 6. Except as otherwise provided, a judicial proceeding under this article shall be conducted as other civil proceedings according to the Indiana Rules of Trial Procedure.

IC 12-26-1-7
Computation of time; application of section
Sec. 7. (a) This section does not apply in the following statutes:
(1) IC 12-26-4.
(2) IC 12-26-11.
(3) IC 12-26-12.
(b) This section does not apply to computation of a period during which an individual may be detained under this article.
(c) In computing time under this article, Saturdays, Sundays, and legal holidays are not included in the computation if the time prescribed is less than fourteen (14) days.
As added by P.L.2-1992, SEC.20.

IC 12-26-1-8
Proceedings under IC 12-26-3-5, IC 12-26-6 or IC 12-26-7; detention of individual
Sec. 8. Upon the filing of a petition for commitment under IC 12-26-6 or IC 12-26-7 or the filing of a report under IC 12-26-3-5,

IC 12-26-1-9
Appeals; persons entitled to take; manner of taking
Sec. 9. (a) In a proceeding involving involuntary detention or commitment under this article, appeals from the final orders or judgments of the court of original jurisdiction may be taken by any of the following:
(1) The individual who is the subject of the proceeding.
(2) A petitioner in the proceeding.
(3) An aggrieved person.
(b) An appeal must be taken in the same manner as any other civil case according to the Indiana Rules of Trial and Appellate Procedure.
As added by P.L.2-1992, SEC.20.

IC 12-26-1-10
Rules
Sec. 10. Each division shall adopt rules under IC 4-22-2 to administer this article.
As added by P.L.2-1992, SEC.20.

IC 12-26-1-11
Forms
Sec. 11. Each division shall prescribe the forms that must be used to administer this article.
As added by P.L.2-1992, SEC.20.

IC 12-26-2
Chapter 2. Rights of Persons

IC 12-26-2-1
Habeas corpus
Sec. 1. This article does not limit or restrict the right of a person to apply to an appropriate court for a writ of habeas corpus.
As added by P.L.2-1992, SEC.20.

IC 12-26-2-2
Notice of hearings; receipt of copies of petitions or orders; presence at hearings; application of section
Sec. 2. (a) This section applies under the following statutes:
(1) IC 12-26-6.
(2) IC 12-26-7.
(3) IC 12-26-12.
(4) IC 12-26-15.
(b) The individual alleged to be mentally ill has the following rights:
(1) To receive adequate notice of a hearing so that the individual or the individual's attorney can prepare for the hearing.
(2) To receive a copy of a petition or an order relating to the individual.
(3) To be present at a hearing relating to the individual. The individual's right under this subdivision is subject to the court's right to do the following:
(A) Remove the individual if the individual is disruptive to the proceedings.
(B) Waive the individual's presence at a hearing if the individual's presence would be injurious to the individual's mental health or well-being.
(4) To be represented by counsel.
As added by P.L.2-1992, SEC.20.

IC 12-26-2-3
Testimony and witnesses; application of section
Sec. 3. (a) This section applies under the following statutes:
(1) IC 12-26-6.
(2) IC 12-26-7.
(3) IC 12-26-12.
(4) IC 12-26-15.
(b) The individual alleged to be mentally ill, each petitioner, and all other interested individuals shall be given an opportunity to appear at hearings and to testify.
(c) The individual alleged to be mentally ill and each petitioner may present and cross-examine witnesses at hearings.
(d) The court may receive the testimony of any individual.
As added by P.L.2-1992, SEC.20.

IC 12-26-2-4
Change of judge; venue not to change; application of section

IC 12-26-2-5
Representation by counsel; appointment; proof required by petitioner
Sec. 5. (a) This section applies under the following statutes:
(1) IC 12-26-6.
(2) IC 12-26-7.
(3) IC 12-26-12.
(4) IC 12-26-15.
(b) A petitioner may be represented by counsel.
(c) The court may appoint counsel for a petitioner upon a showing of the petitioner's indigency and the court shall pay for such counsel if appointed.
(d) A petitioner, including a petitioner who is a health care provider under IC 16-18-2-295(a), in the petitioner's individual capacity or as a corporation is not required to be represented by counsel. If a petitioner who is a corporation elects not to be represented by counsel, the individual representing the corporation at the commitment hearing must present the court with written authorization from:
(1) an officer;
(2) a director;
(3) a principal; or
(4) a manager;
of the corporation that authorizes the individual to represent the interest of the corporation in the proceedings.
(e) The petitioner is required to prove by clear and convincing evidence that:
(1) the individual is mentally ill and either dangerous or gravely disabled; and
(2) detention or commitment of that individual is appropriate.
As added by P.L.2-1992, SEC.20. Amended by P.L.1-1993, SEC.152; P.L.2-1995, SEC.60; P.L.6-1995, SEC.21; P.L.256-1999, SEC.2; P.L.14-2000, SEC.33.

IC 12-26-2-6
Participation in proceedings or assisting in detention or care of individual; immunity from liability
Sec. 6. (a) A person who without malice, bad faith, or negligence acts according to this article and:
(1) participates in proceedings for the detention or commitment of an individual; or
(2) assists in the detention, care, and treatment of an individual

IC 12-26-2-7
Child's advocate; immunity from civil liability
Sec. 7. Except for gross misconduct, if a child's advocate performs the advocate's duties in good faith, the advocate is immune from any civil liability that may occur as a result of the advocate's performance of duties.
As added by P.L.2-1992, SEC.20.

IC 12-26-2-8
Detention or commitment; rights not affected
Sec. 8. (a) Detention or commitment of an individual under this article does not deprive the individual of any of the following:
(1) The right to do the following:
(A) Dispose of property.
(B) Execute instruments.
(C) Make purchases.
(D) Enter into contracts.
(E) Give testimony in a court of law.
(F) Vote.
(2) A right of a citizen not listed in subdivision (1).
(b) A procedure is not required for restoration of rights of citizenship of an individual detained or committed under this article.
As added by P.L.2-1992, SEC.20.

IC 12-26-2-9
Refusal to admit; transfer to division
Sec. 9. (a) The superintendent of a state institution may decline to admit an individual if the superintendent determines that there is not available adequate space, treatment staff, and treatment services appropriate to the needs of the individual.
(b) If an individual is refused admission under subsection (a), the commitment shall be transferred to the appropriate division. The division shall make arrangements for the individual's admission to an appropriate facility.
As added by P.L.2-1992, SEC.20. Amended by P.L.6-1995, SEC.22.

IC 12-26-3
Chapter 3. Voluntary Treatment

IC 12-26-3-1
Admission by facility superintendent or by attending physician
Sec. 1. The superintendent of a facility or an individual's attending physician may admit an Indiana resident who:
(1) is mentally ill or has symptoms of mental illness; and
(2) makes an appropriate application;
for observation, diagnosis, care, or treatment.
As added by P.L.2-1992, SEC.20.

IC 12-26-3-2
Application by parent or legal guardian
Sec. 2. (a) If an individual is less than eighteen (18) years of age, an application under this chapter may be made by the individual's parent or legal guardian.
(b) If an individual is at least eighteen (18) years of age and has a legal guardian, that individual may not be admitted by the individual's legal guardian to a state institution under this chapter.
As added by P.L.2-1992, SEC.20. Amended by P.L.6-1995, SEC.23.

IC 12-26-3-3
Discharge by facility superintendent or by attending physician; grounds
Sec. 3. The superintendent or an individual's attending physician may discharge an individual admitted under this chapter if the superintendent or the attending physician determines that:
(1) care in the facility is not necessary; or
(2) the discharge would contribute to the most effective use of the facility for the care and treatment of the mentally ill.
As added by P.L.2-1992, SEC.20.

IC 12-26-3-4
Written request for release; time for release
Sec. 4. Except as provided in section 5 of this chapter, an individual who has been admitted to a facility under this chapter shall be released within twenty-four (24) hours of a written request for release made to the superintendent or the individual's attending physician by:
(1) the individual; or
(2) if the individual is less than eighteen (18) years of age, the parent or guardian who applied for the individual's admission to the facility.
As added by P.L.2-1992, SEC.20.

IC 12-26-3-5
Refusal to release individual; grounds; written report to court
Sec. 5. (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

IC 12-26-3-6
Receipt by court of written report; setting preliminary hearing; ordering final hearing
Sec. 6. The court shall, within two (2) days from the date of receiving a report made under section 5 of this chapter, do either of the following:
(1) Set a preliminary hearing to determine if there is probable cause to believe that the individual is:
(A) mentally ill and either dangerous or gravely disabled; and
(B) in need of temporary or regular commitment.
(2) Order a final hearing to be held within two (2) days of the order to determine if the individual is:
(A) mentally ill and either dangerous or gravely disabled; and
(B) in need of temporary or regular commitment.
As added by P.L.2-1992, SEC.20.

IC 12-26-3-7
Preliminary hearing; introduction of physician's statement; probable cause finding; discharge or commitment
Sec. 7. (a) A physician's statement may be introduced into evidence at the preliminary hearing without the presence of the physician.
(b) A finding of probable cause may not be entered at the preliminary hearing unless there is oral testimony:
(1) subject to cross-examination;
(2) of at least one (1) witness who:
(A) has personally observed the behavior of the individual; and
(B) will testify as to facts supporting a finding that there is probable cause to believe that the individual is in need of temporary or regular commitment.
(c) If after the preliminary hearing the court does not find probable cause, the individual shall be discharged immediately.
(d) If after the preliminary hearing the court finds probable cause to

IC 12-26-3-8
Final hearing held after preliminary hearing; testimony of examining physician; waiver
Sec. 8. (a) If the court sets a preliminary hearing under section 6(1) of this chapter, a final hearing shall be held not later than ten (10) days after the date of the preliminary hearing.
(b) At the final hearing, an individual may not be found in need of temporary or regular commitment unless at least one (1) physician who has personally examined the individual testifies at the hearing.
(c) The testimony required by subsection (b) may be waived by the individual if the waiver is voluntarily and knowingly given.
As added by P.L.2-1992, SEC.20.

IC 12-26-3-9
Temporary or regular commitment
Sec. 9. (a) If an individual has not previously been the subject of a commitment proceeding, the court may only order temporary commitment.
(b) If an individual has previously been the subject of a commitment proceeding, the court may order a regular commitment if a longer period of treatment is warranted.
As added by P.L.2-1992, SEC.20.

IC 12-26-4
Chapter 4. Immediate Detention

IC 12-26-4-1
Law enforcement officers; authority to apprehend and transport mentally ill individuals; charging offenses
Sec. 1. A law enforcement officer, having reasonable grounds to believe that an individual is mentally ill, dangerous, and in immediate need of hospitalization and treatment, may do the following:
(1) Apprehend and transport the individual to the nearest appropriate facility. The individual may not be transported to a state institution.
(2) Charge the individual with an offense if applicable.
As added by P.L.2-1992, SEC.20. Amended by P.L.40-1994, SEC.55.

IC 12-26-4-2
Law enforcement officers; written statement of reasonable grounds
Sec. 2. A law enforcement officer who transports an individual to a facility under section 1 of this chapter shall submit to the facility a written statement containing the basis for the officer's conclusion that reasonable grounds exist under this chapter.
As added by P.L.2-1992, SEC.20.

IC 12-26-4-3
Law enforcement officers; written statement of reasonable grounds; filing
Sec. 3. The statement required by section 2 of this chapter shall be filed with both of the following:
(1) The individual's records at the facility.
(2) The appropriate court if action relating to any charges filed by the officer against the individual is pursued.
As added by P.L.2-1992, SEC.20.

IC 12-26-4-4
Emergency treatment
Sec. 4. The superintendent of the facility or a physician may furnish emergency treatment necessary to preserve the health and safety of the individual detained.
As added by P.L.2-1992, SEC.20.

IC 12-26-4-5
Length of detention
Sec. 5. Except as provided in section 6 of this chapter, an individual may not be detained under this chapter for more than twenty-four (24) hours from the time of admission to the facility.
As added by P.L.2-1992, SEC.20.

IC 12-26-4-6
Detaining individual for more than twenty-four hours;

emergency detention application
Sec. 6. If the superintendent or the attending physician believes the individual should be detained for more than twenty-four (24) hours from time of admission to the facility, the superintendent or the physician must have an application filed for emergency detention under IC 12-26-5 immediately upon the earlier of the following:
(1) A judge becomes available.
(2) Within seventy-two (72) hours of admission to the facility.
As added by P.L.2-1992, SEC.20.

IC 12-26-4-7
Discharge
Sec. 7. An individual detained under this chapter shall be discharged if either the attending physician or superintendent believes detention is no longer necessary.
As added by P.L.2-1992, SEC.20.

IC 12-26-4-8
Detention in addition to detention under IC 12-26-5
Sec. 8. A period of detention under this chapter is in addition to a period of detention under IC 12-26-5.
As added by P.L.2-1992, SEC.20.

IC 12-26-5
Chapter 5. Emergency Detention

IC 12-26-5-1
Seventy-two hour detention; written application; contents
Sec. 1. (a) 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 the facility. The individual may not be detained in a state institution unless the detention is instituted by the state institution.
(b) An application under subsection (a) must contain both of the following:
(1) A statement of the applicant's belief that the individual is:
(A) mentally ill and either dangerous or gravely disabled; and
(B) in need of immediate restraint.
(2) A statement by at least one (1) physician that, based on:
(A) an examination; or
(B) information given the physician;
the individual may be mentally ill and either dangerous or gravely disabled.
As added by P.L.2-1992, SEC.20. Amended by P.L.1-1993, SEC.153; P.L.40-1994, SEC.56.

IC 12-26-5-2
Judicial officer; endorsement of application; police officer authorized to take individual into custody; transportation to facility
Sec. 2. (a) If a judicial officer authorized to issue a warrant for arrest in the county in which the individual is present endorses an application made under section 1 of this chapter, the application authorizes a police officer to take the individual into custody and transport the individual to a facility.
(b) The expense of transportation under this section shall be paid by the county in which the individual is present.
As added by P.L.2-1992, SEC.20.

IC 12-26-5-3
Examination and treatment of detained individual
Sec. 3. An individual detained under this chapter may be examined and given emergency treatment necessary to do the following:
(1) Preserve the health and safety of the individual.
(2) Protect other persons and property.
As added by P.L.2-1992, SEC.20.

IC 12-26-5-4
Determination during detention that probable cause does not exist; report
Sec. 4. If during a detention period under this chapter the superintendent or the attending physician determines that there is not probable cause to believe the individual is mentally ill and either

IC 12-26-5-5
Written report to court
Sec. 5. Before the end of a detention period under this chapter, the superintendent of the facility or the individual's attending physician shall make a written report to the court. The report must contain both of the following:
(1) A statement that the individual has been examined.
(2) A statement whether there is probable cause to believe that the individual:
(A) is mentally ill and either dangerous or gravely disabled; and
(B) requires continuing care and treatment.
As added by P.L.2-1992, SEC.20.

IC 12-26-5-6
Written report; no probable cause; discharge; record
Sec. 6. (a) If a report made under section 5 of this chapter states there is not probable cause, the individual shall be discharged from the facility.
(b) The report shall be made part of the individual's record.
As added by P.L.2-1992, SEC.20.

IC 12-26-5-7
Written report; probable cause; recommendations; hearing; detention pending hearing
Sec. 7. If a report made under section 5 of this chapter states there is probable cause, the report shall recommend both of the following:
(1) That the court hold a hearing to determine whether:
(A) the individual is mentally ill and either dangerous or gravely disabled; and
(B) there is a need for continuing involuntary detention.
(2) That the individual be detained in the facility pending the hearing.
As added by P.L.2-1992, SEC.20.

IC 12-26-5-8
Written report; consideration and action by court; time
Sec. 8. The court shall consider and act upon a report described in section 7 of this chapter within twenty-four (24) hours of receiving the report.
As added by P.L.2-1992, SEC.20.

IC 12-26-5-9
Written report; action by court; release of individual; preliminary or final hearing ordered
Sec. 9. (a) After receiving a report described in section 7 of this

IC 12-26-5-10
Preliminary hearing; introduction of physician's statement; probable cause finding; discharge; detention pending final hearing
Sec. 10. (a) A physician's statement may be introduced into evidence at the preliminary hearing held under section 9(a)(2) of this chapter without the presence of the physician.
(b) A finding of probable cause may not be entered at a preliminary hearing unless there is oral testimony:
(1) subject to cross-examination; and
(2) of at least one (1) witness who:
(A) has personally observed the behavior of the individual; and
(B) will testify to facts supporting a finding that there is probable cause to believe that the individual is in need of temporary or regular commitment.
(c) At the conclusion of the preliminary hearing, if the court does not find probable cause, the individual shall be immediately discharged.
(d) If the court finds at the conclusion of the preliminary hearing probable cause to believe that the individual needs temporary or regular commitment, the court shall order the detention of the individual in an appropriate facility pending a final hearing.
As added by P.L.2-1992, SEC.20.

IC 12-26-5-11
Final hearing; time; testimony of examining physician; waiver; temporary or permanent commitment
Sec. 11. (a) A final hearing required by section 10(d) of this chapter shall be held within ten (10) days of the date of the preliminary hearing.
(b) At a final hearing, an individual may not be found in need of temporary or regular commitment unless 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

IC 12-26-5-12
Determination of absence of probable cause when individual taken into custody; transportation, care, and maintenance costs
Sec. 12. If it is determined that there was not probable cause to believe that an individual was mentally ill and dangerous when taken into custody and transported to the facility to be detained, the costs of transportation to and care and maintenance in the facility during the period of detention shall be paid by the county in which the individual was taken into custody.
As added by P.L.2-1992, SEC.20.

IC 12-26-6
Chapter 6. Temporary Commitment

IC 12-26-6-1
Ninety-day commitment of individuals who are mentally ill and either dangerous or gravely disabled
Sec. 1. An individual who is alleged to be mentally ill and either dangerous or gravely disabled may be committed to a facility for not more than ninety (90) days under this chapter.
As added by P.L.2-1992, SEC.20.

IC 12-26-6-2
Methods by which commitment proceedings may be begun
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 having jurisdiction over the individual following emergency detention.
(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.
As added by P.L.2-1992, SEC.20.

IC 12-26-6-3
Notice of hearing
Sec. 3. (a) Notice of a hearing under this chapter shall be given to all of the following:
(1) The individual.
(2) The petitioner.
(3) The superintendent or the chief executive officer of a facility having care or custody of the individual.
(b) The notice required by subsection (a) must state the time, place, and date of the hearing.
As added by P.L.2-1992, SEC.20.

IC 12-26-6-4
Hearing date
Sec. 4. (a) Within three (3) days after a proceeding is begun under this chapter, the court shall enter an order setting a hearing date.
(b) If the proceeding was begun under section 2(a)(3) of this

IC 12-26-6-5
Hearing site
Sec. 5. The court may hold the hearing at a facility or other suitable place not likely to have a harmful effect on the individual's health or well-being.
As added by P.L.2-1992, SEC.20.

IC 12-26-6-6
Appointment of physician; examination of individual; report
Sec. 6. The court may appoint a physician to do the following:
(1) Examine the individual.
(2) Report, before the hearing, the physician's opinion as to the following:
(A) Whether the individual is mentally ill and either dangerous or gravely disabled.
(B) Whether the individual needs temporary commitment to a facility for diagnosis, care, and treatment.
As added by P.L.2-1992, SEC.20.

IC 12-26-6-7
Report; dismissal of petition
Sec. 7. If a report made under section 6 of this chapter is that the individual is not either dangerous or gravely disabled, the court may terminate the proceedings and dismiss the petition. Otherwise, the hearing shall proceed as scheduled or as continued by the court.
As added by P.L.2-1992, SEC.20.

IC 12-26-6-8
Order of commitment
Sec. 8. (a) If, upon the completion of the hearing and consideration of the record, the court finds that the individual is mentally ill and either dangerous or gravely disabled, the court may order the individual to:
(1) be committed to an appropriate facility; or
(2) enter an outpatient treatment program under IC 12-26-14 for a period of not more than ninety (90) days.
(b) The court's order must require that the superintendent of the facility or the attending physician file a treatment plan with the court within fifteen (15) days of the individual's admission to the facility under a commitment order.
(c) If the commitment ordered under subsection (a) is to a state institution administered by the division of mental health and addiction, the record of commitment proceedings must include a report from a community mental health center stating both of the following:

IC 12-26-6-9
Discharge before end of commitment period; notification of court
Sec. 9. (a) Unless the court has entered an order under IC 12-26-12-1, the superintendent or the attending physician may discharge the individual before the end of the commitment period if the superintendent or attending physician determines that the individual is not mentally ill and either dangerous or gravely disabled.
(b) If an individual is discharged under subsection (a), the superintendent or the attending physician shall notify the court, and the court shall enter an order terminating the commitment.
As added by P.L.2-1992, SEC.20.

IC 12-26-6-10
Additional commitment period; proceedings
Sec. 10. (a) The period of commitment of an individual under this chapter may be extended for one (1) additional period of not more than ninety (90) days through a proceeding under this section.
(b) A proceeding under this section must be begun before the end of the first period of commitment.
(c) A proceeding under this section may be begun by filing with the court a report by the attending physician or superintendent that states that the individual continues to be:
(1) mentally ill and either dangerous or gravely disabled; and
(2) in need of continuing custody, care, or treatment in the facility for an additional period of not more than ninety (90) days.
(d) Upon receiving a report under subsection (c), the court shall set a hearing on the report.
(e) The hearing required by subsection (d) must be held before the

IC 12-26-6-11
Report required of facility superintendent or attending physician before end of commitment period
Sec. 11. At least twenty (20) days before the end of the first or second temporary commitment period, the superintendent of the facility or the attending physician shall make a report to the court that states all of the following:
(1) The mental condition of the individual.
(2) Whether the individual is dangerous or gravely disabled.
(3) Whether the individual needs continuing care and treatment in a facility for a period of more than ninety (90) days.
As added by P.L.2-1992, SEC.20.

IC 12-26-7
Chapter 7. Regular Commitment

IC 12-26-7-1
Application of chapter
Sec. 1. This chapter applies to a proceeding for commitment of an individual:
(1) alleged to be mentally ill and either dangerous or gravely disabled; and
(2) whose commitment is reasonably expected to require custody, care, or treatment in a facility for more than ninety (90) days.
As added by P.L.2-1992, SEC.20.

IC 12-26-7-2
Application of section; commitment of persons apparently suffering from chronic mental illness; initiation of proceedings; petition
Sec. 2. (a) This section does not apply to the commitment of an individual if the individual has previously been committed under IC 12-26-6.
(b) A proceeding for the commitment of an individual who appears to be suffering from a chronic mental illness may be begun by filing with a court having jurisdiction a written petition by any of the following:
(1) A health officer.
(2) A police officer.
(3) A friend of the individual.
(4) A relative of the individual.
(5) The spouse of the individual.
(6) A guardian of the individual.
(7) The superintendent of a facility where the individual is present.
(8) A prosecuting attorney in accordance with IC 35-36-2-4.
(9) A prosecuting attorney or the attorney for a county office if civil commitment proceedings are initiated under IC 31-34-19-3 or IC 31-37-18-3.
As added by P.L.2-1992, SEC.20. Amended by P.L.4-1993, SEC.203; P.L.5-1993, SEC.216; P.L.1-1997, SEC.86.

IC 12-26-7-3
Petition; physician's written statement; reports
Sec. 3. (a) A petition filed under section 2 of this chapter must include a physician's written statement that states both of the following:
(1) The physician has examined the individual within the past thirty (30) days.
(2) The physician believes that the individual is:
(A) mentally ill and either dangerous or gravely disabled; and
(B) in need of custody, care, or treatment in a facility for a period expected to be more than ninety (90) days.
(b) Except as provided in subsection (d), if the commitment is to a

IC 12-26-7-4
Hearing date; rights of subject individual; hearing procedures
Sec. 4. (a) Upon receiving:
(1) a petition under section 2 of this chapter; or
(2) a report under IC 12-26-6-11 that recommends treatment in a facility for more than ninety (90) days;
the court shall enter an order setting a hearing date.
(b) If an individual is currently under a commitment order, the hearing required by subsection (a) must be held before the expiration of the current commitment period. Notice of a hearing under this subsection shall be given to the individual and all other interested persons at least five (5) days before the hearing date.
(c) The rights of an individual who is the subject of a proceeding under this chapter and of a petitioner are the same as provided in IC 12-26-6.
(d) Hearing procedures are the same as those provided in IC 12-26-6.
As added by P.L.2-1992, SEC.20.

IC 12-26-7-5
Finding that individual is mentally ill and either dangerous or gravely disabled; order for treatment; duration of order
Sec. 5. (a) If at the completion of the hearing and the consideration of the record an individual is found to be mentally ill and either dangerous or gravely disabled, the court may enter either of the following orders:
(1) For the individual's custody, care, or treatment, or continued

IC 12-26-8
Chapter 8. Commitment of a Child

IC 12-26-8-1
Appointment of advocate or guardian; persons authorized to be appointed as advocate; representation and protection of child's best interests
Sec. 1. (a) A juvenile court that conducts a proceeding under this article shall appoint a court appointed special advocate, a guardian ad litem, or both for the child before the court begins a proceeding under this article.
(b) An advocate is not required to be an attorney.
(c) An attorney representing the child may be appointed as the child's advocate.
(d) The court may not appoint any of the following to be a child's advocate:
(1) A party to the proceeding.
(2) An employee of a party to the proceeding.
(3) A representative of a party to the proceeding.
(e) An advocate shall represent and protect the best interests of the child.
As added by P.L.2-1992, SEC.20.

IC 12-26-8-2
Advocate; officer of juvenile court
Sec. 2. A child's advocate is an officer of the juvenile court for the purpose of representing the child's interests.
As added by P.L.2-1992, SEC.20.

IC 12-26-8-3
Representation of advocate by counsel; appointment of counsel
Sec. 3. (a) A child's advocate may be represented by an attorney.
(b) If necessary to protect the child's interests, the juvenile court may appoint an attorney to represent an advocate of a child. The court may appoint only one (1) attorney under this subsection.
As added by P.L.2-1992, SEC.20.

IC 12-26-8-4
Commitment of child; review by advocate; assistance provided by facility superintendent
Sec. 4. (a) Within thirty (30) days after a child is first committed to a facility by a juvenile court, the child's advocate shall do all of the following:
(1) Visit the facility.
(2) Evaluate the services delivered to the child.
(3) Evaluate whether the commitment continues to be appropriate for the child.
(b) The child's advocate shall conduct a review similar to that required under subsection (a):
(1) sixty (60) days after the child is first committed;

IC 12-26-8-5
Advocate reviews; report; recipients of report
Sec. 5. The child's advocate shall submit a report of each review required by section 4 of this chapter to all of the following:
(1) The committing juvenile court.
(2) The superintendent of the facility.
(3) A county office that has wardship of the child.
(4) Each party to the commitment proceeding.
As added by P.L.2-1992, SEC.20. Amended by P.L.4-1993, SEC.204; P.L.5-1993, SEC.217.

IC 12-26-8-6
Advocate; access to reports relevant to child; confidential reports
Sec. 6. (a) A child's advocate shall be given access to all reports relevant to the child.
(b) IC 31-39-2 applies to the release of reports that are confidential under IC 31-39-1.
As added by P.L.2-1992, SEC.20. Amended by P.L.1-1997, SEC.87.

IC 12-26-8-7
Payment of fees to be made under IC 31-6-4-18
Sec. 7. Payment of any fees shall be made under IC 31-40.
As added by P.L.2-1992, SEC.20. Amended by P.L.1-1997, SEC.88.

IC 12-26-8-8
Obligations of county offices to children under custody or supervision committed to state institutions
Sec. 8. If a child under the custody or supervision of a county office is committed to a state institution, the court may not release the county office from the county office's obligations to the child unless the court appoints a guardian for the child under IC 12-26-16.
As added by P.L.2-1992, SEC.20. Amended by P.L.4-1993, SEC.205; P.L.5-1993, SEC.218.

IC 12-26-8-9
Progress reports; case reviews
Sec. 9. A juvenile court that commits a child under this article shall require the county office or the probation department for the court to report to the court on the progress made in implementing the commitment at least every six (6) months. If the committed child is a child in need of services, the county office shall perform case reviews of the child's commitment under IC 31-34-21.

IC 12-26-9
Chapter 9. Commitment to Facilities Owned by the United States Government

IC 12-26-9-1
Federal department defined
Sec. 1. As used in this chapter, "federal department" refers to the United States Department of Veterans Affairs.
As added by P.L.2-1992, SEC.20.

IC 12-26-9-2
Federal facility defined
Sec. 2. As used in this chapter, "federal facility" refers to a facility owned by the United States.
As added by P.L.2-1992, SEC.20.

IC 12-26-9-3
Court communications with federal department concerning availability of federal facilities and individuals' eligibility for commitment
Sec. 3. If it is determined in a proceeding under this article that an individual:
(1) is mentally ill and either dangerous or gravely disabled;
(2) should be committed to a facility for custody, care, and treatment; and
(3) is a veteran who may be eligible for treatment in a federal facility;
the court may communicate with the federal department concerning the availability of federal facilities and the individual's eligibility to be committed to a federal facility.
As added by P.L.2-1992, SEC.20.

IC 12-26-9-4
Commitment to federal facility
Sec. 4. Upon receiving information concerning availability and eligibility from the federal department, the court may commit an individual to a federal facility.
As added by P.L.2-1992, SEC.20.

IC 12-26-9-5
Admission to federal facility; individual subject to rules and regulations of the facility
Sec. 5. Upon admission to a federal facility, an individual is subject to the rules and regulations of the federal facility.
As added by P.L.2-1992, SEC.20.

IC 12-26-9-6
Federal facility hospital officers; powers with respect to detention and custody of individuals
Sec. 6. The hospital officers of a federal facility have the same

IC 12-26-10
Chapter 10. Care Pending Admission to a Facility

IC 12-26-10-1
Court consultation with facility superintendent or attending physician
Sec. 1. If an individual is committed to a facility, the court shall consult with the superintendent or the attending physician concerning the method of caring for the individual pending admission to the facility.
As added by P.L.2-1992, SEC.20.

IC 12-26-10-2
Temporary placement; least restrictive suitable facility
Sec. 2. The court may order temporary placement of the individual in the least restrictive suitable facility pending admission to a facility.
As added by P.L.2-1992, SEC.20.

IC 12-26-10-3
Confinement in county jail
Sec. 3. An individual may not be confined in a county jail unless all the following apply:
(1) The individual is found to be dangerous and violent.
(2) There is no other suitable facility available pending admission to a facility.
(3) The court so orders.
As added by P.L.2-1992, SEC.20.

IC 12-26-10-4
Order that assistance be furnished and paid for out of county general fund
Sec. 4. If the comfort and the care of an individual are not otherwise provided:
(1) from the individual's estate;
(2) by the individual's relatives or friends; or
(3) through financial assistance from the division of family and children or a county office;
the court may order the assistance furnished and paid for out of the general fund of the county.
As added by P.L.2-1992, SEC.20. Amended by P.L.4-1993, SEC.207; P.L.5-1993, SEC.220.

IC 12-26-11
Chapter 11. Transfer of an Individual

IC 12-26-11-1
Transfers; facilities to which transfers may be made; best interest of individual transferred or other patients
Sec. 1. The superintendent of a facility to which an individual was committed under IC 12-26-6 or IC 12-26-7 or to which the individual's commitment was transferred under this chapter, may transfer the commitment of the individual to:
(1) a state institution;
(2) a community mental health center;
(3) a community mental retardation and other developmental disabilities center;
(4) a federal facility;
(5) a psychiatric unit of a hospital licensed under IC 16-21;
(6) a private psychiatric facility licensed under IC 12-25;
(7) a community residential program for the developmentally disabled described in IC 12-11-1.1-1(e)(1) or IC 12-11-1.1-1(e)(2); or
(8) an intermediate care facility for the mentally retarded (ICF/MR) that is licensed under IC 16-28 and is not owned by the state;
if the transfer is likely to be in the best interest of the individual or other patients.
As added by P.L.2-1992, SEC.20. Amended by P.L.2-1993, SEC.115; P.L.24-1997, SEC.59; P.L.272-1999, SEC.47.

IC 12-26-11-2
Declining to admit individual; grounds
Sec. 2. The superintendent of a facility to which the commitment of an individual is to be transferred may decline to admit the individual if the superintendent determines that adequate space, treatment staff, or treatment facilities appropriate to the needs of the individual are not available.
As added by P.L.2-1992, SEC.20.

IC 12-26-11-3
Medical and treatment records; providing copies to facilities to which individuals transferred
Sec. 3. If an individual is transferred under section 1 of this chapter, the transferring facility shall provide a copy of the individual's current medical and treatment records to the facility to which the commitment of the individual is transferred.
As added by P.L.2-1992, SEC.20.

IC 12-26-11-3.5
Transfer from state institution to nonstate community or facility; planning and facilitating transition
Sec. 3.5. If an individual is transferred under section 1 of this

IC 12-26-11-4
Notice of transfer; persons notified
Sec. 4. If the commitment of an individual is transferred to another facility under section 1 of this chapter, the transferring facility shall give written notice to each of the following:
(1) The individual's legal guardian.
(2) The individual's parents.
(3) The individual's spouse.
(4) The individual's attorney, if any.
As added by P.L.2-1992, SEC.20.

IC 12-26-11-5
Transfer to substantially more restrictive environment; administrative hearing
Sec. 5. (a) As used in this section, "substantially more restrictive environment" means another facility or that part of a facility that is designated as the place providing maximum security for patients.
(b) If the transfer of the commitment of an individual is to a substantially more restrictive environment, the transferring facility shall provide the individual with an opportunity for an administrative hearing within ten (10) days after the transfer.
As added by P.L.2-1992, SEC.20. Amended by P.L.40-1994, SEC.59.

IC 12-26-11-6
Petition to set aside transfer
Sec. 6. An individual whose commitment is transferred under section 1 of this chapter may, within thirty (30) days after the transfer, petition the committing court for an order setting aside the transfer and ordering the individual and the individual's medical and treatment records returned to the facility to which the court originally committed the individual.
As added by P.L.2-1992, SEC.20.

IC 12-26-12
Chapter 12. Notice of Discharge of an Individual

IC 12-26-12-1
Notification that committed individual will be discharged
Sec. 1. (a) Except as provided in subsection (c), a court that orders a commitment may order the superintendent to notify the petitioner in the commitment proceeding and other person designated by the court that the committed individual will be discharged.
(b) The notice required under subsection (a) shall be given to the petitioner and other person designated by the court at least twenty (20) days before the end of the commitment period.
(c) A court may not order the director of a community mental health center or a managed care provider to notify the person who filed a petition with respect to an individual committed to the community mental health center or the managed care provider.
As added by P.L.2-1992, SEC.20. Amended by P.L.40-1994, SEC.60.

IC 12-26-12-2
Request by petitioner for hearing; notification of superintendent
Sec. 2. (a) Within ten (10) days after receiving a notice under section 1 of this chapter, the petitioner may file a petition with the court that ordered the committed individual's commitment requesting a hearing to determine whether the individual should be discharged.
(b) The petitioner must notify the superintendent of a petition filed with the court under subsection (a).
As added by P.L.2-1992, SEC.20.

IC 12-26-12-3
Absence of hearing request notice; discharge of individual
Sec. 3. If the superintendent does not receive notice of a request for a hearing within ten (10) days after notice was given under section 2 of this chapter, the committed individual shall be discharged unless the superintendent determines that the individual is mentally ill and either dangerous or gravely disabled.
As added by P.L.2-1992, SEC.20.

IC 12-26-12-4
Receipt by superintendent of hearing request notice; discharge of individual
Sec. 4. If the superintendent is notified of a petition under section 2 of this chapter, the committed individual may not be discharged except as provided in this chapter.
As added by P.L.2-1992, SEC.20.

IC 12-26-12-5
Petition; hearing date; failure to hold timely hearing; discharge of individual
Sec. 5. (a) If the court receives a petition under section 2 of this chapter, the court shall set a hearing date.

IC 12-26-12-6
Hearing; evidence; procedure; rights of committed individual
Sec. 6. At the hearing:
(1) the petitioner is entitled to present evidence concerning the committed individual's mental or physical condition;
(2) the procedure is the same as provided in IC 12-26-6; and
(3) the committed individual's rights are the same as provided in IC 12-26-6.
As added by P.L.2-1992, SEC.20.

IC 12-26-12-7
Finding that individual is not mentally ill and either dangerous or gravely disabled; discharge
Sec. 7. The court shall order the discharge of a committed individual and terminate the commitment if the court finds that the individual is not mentally ill and either dangerous or gravely disabled.
As added by P.L.2-1992, SEC.20.

IC 12-26-12-8
Appointment of guardian
Sec. 8. If the court does not order the discharge of the committed individual under section 7 of this chapter, the court may appoint a guardian to provide for the individual's continued care.
As added by P.L.2-1992, SEC.20.

IC 12-26-13
Chapter 13. Leave from Confinement and Discharge

IC 12-26-13-1
Leave of absence; best interest of committed individual
Sec. 1. The superintendent of a facility may grant a committed individual a leave of absence from confinement in the facility for a period designated by the superintendent if the superintendent or an attending physician determines that the leave of absence is in the best interest of the individual.
As added by P.L.2-1992, SEC.20.

IC 12-26-13-2
Discharge notice given to committing court; record entry by court
Sec. 2. Upon the discharge of an individual committed under this article, the superintendent of the facility shall notify the committing court of the date of the discharge. The court shall make an entry on the record indicating the date of discharge.
As added by P.L.2-1992, SEC.20.

IC 12-26-14
Chapter 14. Outpatient Therapy

IC 12-26-14-1
Ordering individual to enter outpatient therapy program; findings authorizing order
Sec. 1. If a hearing has been held under IC 12-26-6 or IC 12-26-7 and the court finds that the individual is:
(1) mentally ill and either dangerous or gravely disabled;
(2) likely to benefit from an outpatient therapy program that is designed to decrease the individual's dangerousness or disability;
(3) not likely to be either dangerous or gravely disabled if the individual complies with the therapy program; and
(4) recommended for an outpatient therapy program by the individual's examining physician;
the court may order the individual to enter a therapy program as an outpatient.
As added by P.L.2-1992, SEC.20. Amended by P.L.62-1993, SEC.9.

IC 12-26-14-2
Representation by program representative that individual may enter program
Sec. 2. Before the court may issue an order under section 1 of this chapter, a representative of an outpatient therapy program approved by the court must represent to the court that the individual may enter that program immediately.
As added by P.L.2-1992, SEC.20.

IC 12-26-14-3
Ordering compliance with program
Sec. 3. The court may require an individual ordered to enter an outpatient therapy program under section 1 of this chapter to do the following:
(1) Follow the therapy program the individual enters.
(2) Attend each medical and psychiatric appointment made for the individual.
(3) Reside at a location determined by the court.
(4) Comply with other conditions determined by the court.
As added by P.L.2-1992, SEC.20.

IC 12-26-14-4
Reasonable belief that individual has failed to comply with program; notice to court; transfer from outpatient program; transfer to sub-acute stabilization program; jail or prison
Sec. 4. (a) If a staff member of a program involved in the treatment, supervision, or care of an individual ordered to enter an outpatient therapy program under section 1 of this chapter has reason to believe that the individual has failed to comply with the requirements of section 3 of this chapter, the staff member shall immediately notify the court of the failure to comply.