Indiana Code
Ind. Code § 12-26-5-5 (2025)
Repealed
✓ 2025 Indiana Code: the 2026 session is not included
[Pre-1992 Revision Citation: 16-14-9.1-7(b).]
As added by P.L.2-1992, SEC.20. Repealed by P.L.205-2023, SEC.13.
Notes of Decisions
Cited in 6
cases, 1996–2020 · leading case: In Re Contempt of Wabash Valley Hosp., Inc., 827 N.E.2d 50 (Ind. Ct. App. 2005).
In Re Contempt of Wabash Valley Hosp., Inc., 827 N.E.2d 50 (Ind. Ct. App. 2005). “2003) (instructing clerks that emergency detentions are not to be assigned cause numbers unless and until the report required by Ind.Code § 12-26-5-5 is the basis for a commitment proceeding).”
Commitment of A.L. v. Wishard Health Servs., Midtown Cmty. Mental Health Ctr., 934 N.E.2d 755 (Ind. Ct. App. 2010). “Ind.Code § 12-26-5-5. The report shall state that the person has been examined and state whether there is probable cause to believe that the individual is mentally ill and either dangerous or gravely disabled and requires continuing care and treatment.”
R.L. v. Logansport State Hosp., 666 N.E.2d 929 (Ind. Ct. App. 1996). “I.C. § 12-26-5-5. After receiving the report, the trial court may order a hearing to determine whether the individual is in need of further involuntary treatment, such as a temporary or regular commitment.”
Matter of Commitment of Rl, 666 N.E.2d 929 (Ind. Ct. App. 1996). “I.C. § 12-26-5-5. After receiving the report, the trial court may order a hearing to determine whether the individual is in need of further involuntary treatment, such as a temporary or regular commitment.”
Commitment of S.S. v. Wishard Health Servs., Midtown Cmty. Mental Health Ctr., 951 N.E.2d 252 (Ind. Ct. App. 2011). “Ind.Code § 12-26-5-5. If the report states that there is probable cause, the report shall recommend that the court hold a hearing to determine if the individual is mentally ill and either dangerous or gravely disabled and in need of continuing involuntary detention, and that the…”
Caldwell v. Wright, No. 2:20-cv-00198 (N.D. Ind. Oct. 29, 2020). “Further suggesting the necessary involvement of a court in the Emergency Detention process, §12-26-5-5 requires “a written report to the court” by the superintendent of the facility or the attending physician “[b]efore the end of a detention period under this chapter.”
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