CHAPTER 14. OUTPATIENT THERAPY
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.
(b) Except as provided in subsection (c), the individual may be
transferred from the outpatient therapy program to one (1) of the
following:
(1) The inpatient unit of the facility that has the original
commitment.
(2) A supervised group living program (as defined in
IC 12-22-2-3(2)).
(3) A sub-acute stabilization facility.
(c) The individual may not be transferred to a supervised group
living program or a sub-acute stabilization facility unless in the
opinion of the individual's attending physician:
(1) it is not necessary for the individual to receive acute care
inpatient treatment; and
(2) the individual is in need of either a supervised group living
program or a sub-acute stabilization facility.
(d) The individual may not be imprisoned or confined in a jail or
correctional facility unless the individual has been placed under
arrest.
(e) A facility to which an individual is transferred under
subsection (b) shall immediately notify the court of the transfer. A
transfer to a facility under subsection (b) is subject to review under
section 6 of this chapter upon petition by the individual who was
transferred.
As added by P.L.2-1992, SEC.20. Amended by P.L.62-1993, SEC.10;
P.L.6-1995, SEC.27.
IC 12-26-14-5
Noncompliance notification; reopening commitment proceeding;
review of transfer to sub-acute stabilization program
Sec. 5. (a) Upon receiving notification under section 4 of this
chapter, the court shall reopen the original committment proceeding
and determine whether the:
(1) individual:
(A) has failed to comply with the requirements of section 3
of this chapter;
(B) is mentally ill and either dangerous or gravely disabled;
and
(C) should be committed to a facility under this article; or
(2) individual should continue to be maintained on an outpatient
commitment, subject to an additional court order that:
(A) requires a law enforcement officer to apprehend and
transport the individual to a facility for treatment; and
(B) applies:
(i) after notification to the court by the facility or provider
responsible for the individual's commitment; and
(ii) whenever the individual fails to attend a scheduled
outpatient appointment or fails to comply with a condition
of the outpatient commitment.
(b) If the court receives notice of a transfer under section 4(e) of
this chapter, the court may conduct a review to determine the validity
of the transfer.
As added by P.L.2-1992, SEC.20. Amended by P.L.62-1993, SEC.11;
P.L.6-1995, SEC.28; P.L.121-1996, SEC.1.
IC 12-26-14-6
Order to enter therapy; review of order and release from
program; intervals and conditions
Sec. 6. If an individual is ordered to enter a therapy program
under section 1 of this chapter, the individual is entitled to review of
the order and release from the program at the same intervals and
under the same conditions as an individual committed under:
(1) IC 12-26-6 if the therapy order is issued under that chapter;
or
(2) IC 12-26-7 if the therapy order is issued under that chapter.
As added by P.L.2-1992, SEC.20.
IC 12-26-14-7
Committed individuals; placement on outpatient status for
remainder of commitment period
Sec. 7. If an individual:
(1) has been committed under IC 12-26-6 or IC 12-26-7;
(2) is likely to benefit from a therapy program designed to
decrease the individual's dangerousness or grave disability;
(3) is not likely to be either dangerous or gravely disabled if the
individual continues to follow the therapy program; and
(4) is recommended for an outpatient therapy program by the
individual's attending or examining physician;
the superintendent of the facility in which the individual is
committed or the court at the time of commitment may place the
individual on outpatient status for the remainder of the individual's
commitment period, subject to the conditions of outpatient therapy
programs under section 8 of this chapter.
As added by P.L.2-1992, SEC.20. Amended by P.L.62-1993, SEC.12.
IC 12-26-14-8
Committed individual placed on outpatient status; compliance with
program
Sec. 8. An individual placed on outpatient status under section 7
of this chapter may be required to do the following:
(1) Follow the therapy program designed by the facility in
which the individual has been placed.
(2) Attend any medical or psychiatric appointments made for
the individual with respect to the individual's psychiatric
condition.
(3) Reside at a place designated by the superintendent.
As added by P.L.2-1992, SEC.20.
IC 12-26-14-9
Failure to comply with program; return to facility or transfer to
sub-acute stabilization program
Sec. 9. If the individual's attending or examining physician
determines that the individual has failed to comply with the
requirements under section 8 of this chapter and is likely to be
dangerous or gravely disabled, the individual:
(1) may, in accordance with IC 12-24-8, be returned to the
facility to which the individual is committed under this article
as an inpatient; or
(2) may be transferred to a short term sub-acute stabilization
treatment program under this chapter.
As added by P.L.2-1992, SEC.20. Amended by P.L.62-1993, SEC.13.
IC 12-26-14-10
Return to facility; hearing; hearing officer; appeal to committing
court
Sec. 10. (a) After an individual has been returned to the facility to
which the individual is committed under this article, the director
shall conduct a hearing under IC 4-21.5-3 to determine whether:
(1) the individual has failed to comply with the requirements
described in section 8 of this chapter;
(2) the individual is in need of inpatient treatment; and
(3) the individual's outpatient status should be revoked.
(b) A hearing required by subsection (a) may be conducted by a
hearing officer appointed by the director.
(c) An individual may appeal under IC 4-21.5-5 a determination
of the hearing officer by filing a petition with the court that
committed the individual under IC 12-26-6 or IC 12-26-7.
As added by P.L.2-1992, SEC.20.