CHAPTER 1. JURISDICTION AND PROCEDURE
IC 12-26
ARTICLE 26. VOLUNTARY AND INVOLUNTARY
TREATMENT OF MENTALLY ILL INDIVIDUALS
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 33-33-49-9.
As added by P.L.2-1992, SEC.20. Amended by P.L.16-1995, SEC.4;
P.L.98-2004, SEC.94.
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
Commitment proceedings; acquisition and 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 individual alleged to have a mental
illness 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. Amended by P.L.99-2007,
SEC.122.
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.
As added by P.L.2-1992, SEC.20.
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,
the individual may be detained in an appropriate facility:
(1) by an order of the court pending a hearing; or
(2) pending an order of the court under:
(A) IC 12-26-3-6;
(B) IC 12-26-5-10; or
(C) IC 12-26-5-11.
As added by P.L.2-1992, SEC.20.
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.