CHAPTER 16. INVOLUNTARY DRUG AND ALCOHOL TREATMENT
IC 31-32-16
Chapter 16. Involuntary Drug and Alcohol Treatment
IC 31-32-16-1
Involuntary treatment; drug or alcohol treatment
Sec. 1. A proceeding under this chapter is separate from and does
not affect:
(1) a proceeding for involuntary treatment under IC 12-26; or
(2) an order from a juvenile court under IC 31-37 that requires
drug or alcohol treatment.
As added by P.L.196-2003, SEC.2.
IC 31-32-16-2
Filing of verified petition; affidavit; placement in state owned or
operated facility; participation of parent, guardian, or custodian
in treatment
Sec. 2. (a) A parent, guardian, or custodian of a child may file a
verified petition with the juvenile court in the county in which the
child resides for involuntary drug and alcohol treatment if the child:
(1) is incapable of consenting; or
(2) refuses to consent;
to voluntary treatment.
(b) The verified petition must include an affidavit from a person
described in section 4(a) of this chapter who has examined or treated
the child not more than thirty (30) days before the filing of the
verified petition. The affidavit must state that reasonable grounds
exist to believe the child named in the petition is a drug or alcohol
abuser (as defined in 440 IAC 4.4-1-1).
(c) Involuntary drug and alcohol treatment under this chapter may
include appropriate placement in an inpatient or outpatient program
or facility. A person ordered to complete inpatient drug and alcohol
treatment under this chapter may not be placed in a facility that is
owned or operated by the state.
(d) The judge of the juvenile court in which the verified petition
is filed shall inform each parent, guardian, or custodian of the child
that the parent, guardian, or custodian may be ordered to participate
in any aspect of the child's treatment.
As added by P.L.196-2003, SEC.2.
IC 31-32-16-3
Verified petition; summary of facts
Sec. 3. A verified petition filed under section 2 of this chapter
must include the name and age of the child and a summary of facts
that support the petitioner's request for involuntary drug and alcohol
treatment.
As added by P.L.196-2003, SEC.2.
IC 31-32-16-4
Ex parte probable cause determination; assessment; hearing
Sec. 4. (a) The juvenile court, after making an ex parte
determination that there is probable cause to believe the child is a
drug or alcohol abuser (as defined in 440 IAC 4.4-1-1), shall order
the child named in the petition to undergo a drug and alcohol
assessment. The assessment shall be performed by:
(1) a psychiatrist (as defined in IC 11-10-3-1);
(2) a physician (as defined in IC 12-15-35-12); or
(3) a psychologist with training in drug and alcohol assessment
and treatment.
The person who performs the assessment under this section must be
different from the person who submitted the affidavit under section
2 of this chapter. If it is determined that involuntary treatment is
necessary, the assessment must include a recommended level of care
and length of treatment.
(b) After completion of the assessment, the juvenile court shall
conduct a hearing. Each person who performed an assessment must
be present and available to testify at the hearing.
As added by P.L.196-2003, SEC.2.
IC 31-32-16-5
Treatment; clear and convincing evidence
Sec. 5. Following a hearing, the juvenile court may order
involuntary drug and alcohol treatment for not more than forty-five
(45) consecutive days if the court finds by clear and convincing
evidence that the child:
(1) is a drug or alcohol abuser (as defined in 440 IAC 4.4-1-1);
(2) is incapable of consenting to or refuses to consent to
voluntary treatment services; and
(3) will benefit from a period of involuntary drug and alcohol
treatment.
As added by P.L.196-2003, SEC.2.
IC 31-32-16-6
Review hearing; additional term of treatment; findings of fact
Sec. 6. (a) Before the expiration of a period of involuntary
treatment, the juvenile court shall conduct a review hearing to
determine whether further treatment is necessary.
(b) The juvenile court may order an additional term of treatment
if it finds at the initial review hearing by clear and convincing
evidence that the conditions enumerated in section 5 of this chapter
are present and further treatment is necessary. An additional term of
involuntary treatment may not exceed forty-five (45) consecutive
days, and the juvenile court must conduct a review hearing before the
expiration of the additional term. The court may order subsequent
terms of involuntary treatment if at each review hearing the court
makes findings required by this section.
(c) Each order for an additional term of treatment under
subsection (b) must be supported by written findings of fact. The
juvenile court shall issue written findings of fact not more than ten
(10) days after the review hearing that orders an additional term of
involuntary treatment.
As added by P.L.196-2003, SEC.2.
IC 31-32-16-7
Participation of parent, guardian, or custodian in treatment
Sec. 7. The juvenile court may order each parent, guardian, or
custodian of the child to participate in any aspect of the child's
treatment under section 5 or 6 of this chapter.
As added by P.L.196-2003, SEC.2.
IC 31-32-16-8
Modification of treatment order
Sec. 8. The juvenile court may modify the original terms of
involuntary drug and alcohol treatment if it finds by clear and
convincing evidence that a substantial change in the circumstances
that supported the original terms and conditions of treatment has
occurred.
As added by P.L.196-2003, SEC.2.
IC 31-32-16-9
Costs and fees
Sec. 9. A parent, guardian, or custodian is required to pay court
costs, court fees, and the costs of assessment and treatment. Neither
the court nor the county is liable for any part of the costs of
assessment or treatment under this chapter.
As added by P.L.196-2003, SEC.2.
IC 31-32-16-10
Drug and alcohol assessment
Sec. 10. Notwithstanding IC 34-46-3 and IC 25-33-1-17, the judge
may order a physician or a psychologist to submit a drug and alcohol
assessment to the juvenile court in a proceeding under this chapter.
As added by P.L.196-2003, SEC.2.
IC 31-32-16-11
Guardian ad litem
Sec. 11. The judge of the juvenile court may appoint a guardian
ad litem for the child at any time.
As added by P.L.196-2003, SEC.2.