Emergency Detention

Emergency Detention Orders & Psychiatric Emergencies

Definitions:

 In Indiana mental illness includes: mental retardation, alcoholism, addiction, to narcotics or dangerous drugs and psychiatric disorders, such as schizophrenia.

• “Mental illness” is defined as a “psychiatric disorder that substantially disturbs an individual’s thinking, feeling, or behavior and impairs the individual’s ability to function.” IC 16-14-9.1-1(a)
• “Dangerous” means that, as a result of being mentally ill, there is a substantial risk that the individual will harm himself/herself or others.
• “Gravely disabled” means that the individual is in danger of coming to harm because he or she is unable to provide for food, clothing, shelter or other essential needs, or, cannot function independently due to a deterioration of reasoning or behavior.

IC 12-26-5-0.5 Authority of a law enforcement officer to transport a mentally ill individual to a facility; authority of a court to order detention; discharge; treatment

     Sec. 0.5. (a) A law enforcement officer, having reasonable grounds to believe that an individual has a mental illness, is either dangerous or gravely disabled, and is in immediate need of hospitalization and treatment, may do one (1) or more of 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.

     (b) A law enforcement officer who transports an individual to a facility under subsection (a) shall submit to the facility a written statement containing the basis for the officer's conclusion that reasonable grounds exist under this chapter. The statement 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.

     (c) If a court has reasonable grounds to believe that an individual:

(1) has a mental illness;

(2) is either dangerous or gravely disabled; and

(3) is in immediate need of hospitalization and treatment;

the court may order the individual to be detained at the nearest appropriate facility for a preliminary medical and psychological evaluation. The individual may not be transported to a state institution.

     (d) An individual detained under this section shall be discharged if the superintendent of the facility or the physician believes detention is no longer necessary. As soon as practicable after discharge, the facility shall notify the court that ordered the detention that the individual has been discharged.

     (e) The superintendent of the facility or a physician, an advanced practice registered nurse, or a physician assistant may furnish emergency treatment to an individual transported to a facility under this section that is necessary to:

(1) preserve the health and safety of the individual detained; and

(2) protect other persons and property.

     (f) If clinically appropriate, a physician may authorize and begin a mental health or substance use disorder treatment plan using accepted clinical care guidelines, including medication, for an individual detained under this chapter.

IC 12-26-5-2 Police officer authorized to take individual into custody; reimbursement for certain nonemergency transports

     Sec. 2. (a) If a judicial officer authorized to issue a warrant for arrest in the county in which the individual is present approves an application for detention 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, if applicable.

     (b) Except as provided in subsection (c), the expense of transportation under this section shall be paid by the county in which the individual is present.

     (c) This subsection applies only to the nonemergency transport to a facility by the county sheriff or deputy sheriff of an individual who:

(1) is not in lawful detention (as defined in IC 36-2-13-18);

(2) has had an application for the individual's detention under section 1 of this chapter approved by a judicial officer; and

(3) is transported more than thirty (30) miles.

The county sheriff may be reimbursed from the individual's health care coverage, including health coverage offered or administered by the state.

[Pre-1992 Revision Citation: 16-14-9.1-7(a) part.]

As added by P.L.2-1992, SEC.20. Amended by P.L.196-2021, SEC.7; P.L.205-2023, SEC.11.

As added by P.L.205-2023, SEC.9.

How to obtain and Emerergency Detention Order

Please reach out to a mental health facility or hospital for further information about obtaining an Emergency Detention Order.

IC 12-26-5-1 48-72 hour detention; written application; contents

     Sec. 1. (a) Except as otherwise provided in this chapter, 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 a court of competent jurisdiction in accordance with this section.

     (b) An individual may be detained in a facility for not more than forty-eight (48) hours from the time of admission, excluding Saturdays, Sundays, and legal holidays, unless the facility files an application for detention, on a form prepared by the office of judicial administration, with a court of competent jurisdiction within the forty-eight (48) hour period. If the facility timely files an application for detention, the individual may be detained for not more than seventy-two (72) hours from the time of admission, excluding Saturdays, Sundays, and legal holidays, unless the court approves the application for detention. If the court approves the application for detention, the individual may be held for not more than fourteen (14) days, from the time of admission, excluding Saturdays, Sundays, and legal holidays, pending a final hearing under section 11 of this chapter. If a patient is admitted to a facility after midnight and before 8:00 a.m., the time periods described in this subsection begin to run at 8:00 a.m.

     (c) An application for detention under subsection (b) must contain an attestation signed by a physician that the individual has been examined by a physician, an advanced practice registered nurse, or a physician assistant, and that based on this examination, or based on other information provided to the physician, advanced practice registered nurse, or physician assistant, the applicant believes that there is probable cause to believe that:

(1) the individual is mentally ill and either dangerous or gravely disabled; and

(2) the individual requires continuing involuntary detention to receive care and treatment.

     (d) A facility may not be required to first seek transfer of the individual to a psychiatric hospital before commencing an application for detention.

     (e) A facility may commence an application for detention even if an individual was not apprehended and transported to a facility under section 0.5 of this chapter.

[Pre-1992 Revision Citation: 16-14-9.1-7(a) part.]

As added by P.L.2-1992, SEC.20. Amended by P.L.1-1993, SEC.153; P.L.40-1994, SEC.56; P.L.205-2023, SEC.10.