Indiana Code

Ind. Code § 12-7-2-96 (2025)

"Gravely disabled"

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 96. "Gravely disabled", for purposes of IC 12-26, means a condition in which an individual, as a result of mental illness, is in danger of coming to harm because the individual:

(1) is unable to provide for that individual's food, clothing, shelter, or other essential human needs; or

(2) has a substantial impairment or an obvious deterioration of that individual's judgment, reasoning, or behavior that results in the individual's inability to function independently.

[Pre-1992 Revision Citation: 16-14-9.1-1(b).]

As added by P.L.2-1992, SEC.1.

 

Notes of Decisions
Cited in 89 cases (19 in the last 5 years), 2001–2026 · leading case: In the Matter of the Civil Commitment of T.K. v. Dep't of Vets. Affairs, 27 N.E.3d 271 (Ind. 2015).
In the Matter of the Civil Commitment of T.K. v. Dep't of Vets. Affairs, 27 N.E.3d 271 (Ind. 2015). · cites it 8× “Ind.Code § 12-7-2-96 (2012). Before the trial court, the Department of Veterans Affairs, as petitioner, presented only one item of evidence, the testimony of Dr.”
In re the Commitment of Golub v. Giles, 814 N.E.2d 1034 (Ind. Ct. App. 2004). · cites it 6× “" I.C. § 12-7-2-96. « It was established at the hearing that Golub has a five-year history of mental illness requiring hospitalizations and causing paranoia, delusional thoughts, and threatening and destructive behavior.”
Commitment of A.L. v. Wishard Health Servs., 934 N.E.2d 755 (Ind. Ct. App. 2010). · cites it 8× “Ind.Code § 12-7-2-96. We first consider whether Wishard established that A.”
In the Matter of the Civil Commitment of T.D. v. Eskenazi Health Midtown Cmty. Mental Health Ctr., 40 N.E.3d 507 (Ind. Ct. App. 2015). · cites it 8× “See Ind. Code § 12-7-2-96 . We have previously noted that civil commitment is a significant deprivation of liberty that requires due process protections.”
J.S. v. Ctr. for Behavioral Health, 846 N.E.2d 1106 (Ind. Ct. App. 2006). · cites it 6× “Ind.Code § 12-7-2-96. J.S. argues that she is not gravely disabled and that she is "quite capable of functioning independently" both on and off of her antipsychotic medicine.”
In the Matter of the Commitment of M.E. v. Dep't of Vets. Affairs, 64 N.E.3d 855 (Ind. Ct. App. 2016). · cites it 4× “I.C. § 12-7-2-96. [31] Regarding the first prong that must be proven to establish grave disability, M.”
In the Matter of the Civil Commitment of B.J. v. Eskenazi Hosp./Midtown CMHC (mem. dec.), 67 N.E.3d 1034 (Ind. Ct. App. 2016). · cites it 4× “” Indiana Code § 12-7-2-96 defines “gravely disabled” as: [A] condition in which an individual, as a result of mental illness, is in danger of coming to harm because the individual: (1) is unable to provide for that individual’s food, clothing, shelter, or other essential human…”
In the Matter of the Commitment of P.B. v. Evansville State Hosp., 90 N.E.3d 1199 (Ind. Ct. App. 2017). · cites it 4× “I.C. § 12-7-2-96. [10] The purpose of civil commitment proceedings is to protect the public and to ensure the rights of the person whose liberty is at stake.”
Commitment of K.F. v. St. Vincent Hosp. & Health Care Ctr., 909 N.E.2d 1063 (Ind. Ct. App. 2009). · cites it 4× “" See Ind.Code § 12-7-2-96. St. Vincent candidly admits that "no single behavior in isolation causes tremendous concern," but then asserts that the "culmination of K.”
Commitment of T.A. v. Wishard Health Serv., 950 N.E.2d 1266 (Ind. Ct. App. 2011). · cites it 4× “Indiana Code Section 12-7-2-96 defines “gravely disabled” as *1271 a condition in which an individual, as a result of mental illness, is in danger of coming to harm because the individual: (1) is unable to provide for that individual’s food, clothing, shelter, or other essential…”
In the Matter of Commitment of Awd, 861 N.E.2d 1260 (Ind. Ct. App. 2007). · cites it 4× “Ind.Code § 12-7-2-96. The evidence demonstrated A.”
In re the Involuntary Commitment of A.M., 959 N.E.2d 832 (Ind. Ct. App. 2011). · cites it 2× “l, as a result of mental illness, is in danger of coming to harm because the individual: (1) is unable to provide for that individual’s food, clothing, shelter, or other essential human needs; or (2) has a substantial impairment or an obvious deterioration of that individual’s…”
Ind. Code § 12-7-2-96(1): 6 cases
J.S. v. Ctr. for Behavioral Health, 846 N.E.2d 1106 (Ind. Ct. App. 2006). “Ind.Code § 12-7-2-96. J.S. argues that she is not gravely disabled and that she is "quite capable of functioning independently" both on and off of her antipsychotic medicine.”
Commitment of A O, No. 22A-MH-02396 (Ind. Ct. App. Mar. 29, 2023).
In the Matter of the Commitment of M.W. v. Madison State Hosp. (mem. dec.), No. 71A03-1706-MH-1449 (Ind. Ct. App. Dec. 6, 2017).
Commitment of A B, No. 23A-MH-03052 (Ind. Ct. App. July 19, 2024).
Ind. Code § 12-7-2-96(2): 12 cases
In the Matter of the Civil Commitment of T.K. v. Dep't of Vets. Affairs, 27 N.E.3d 271 (Ind. 2015). “Ind.Code § 12-7-2-96 (2012). Before the trial court, the Department of Veterans Affairs, as petitioner, presented only one item of evidence, the testimony of Dr.”
Commitment of A.L. v. Wishard Health Servs., 934 N.E.2d 755 (Ind. Ct. App. 2010). “Ind.Code § 12-7-2-96. We first consider whether Wishard established that A.”
J.S. v. Ctr. for Behavioral Health, 846 N.E.2d 1106 (Ind. Ct. App. 2006). “Ind.Code § 12-7-2-96. J.S. argues that she is not gravely disabled and that she is "quite capable of functioning independently" both on and off of her antipsychotic medicine.”
In the Matter of the Commitment of P.B. v. Evansville State Hosp., 90 N.E.3d 1199 (Ind. Ct. App. 2017). “I.C. § 12-7-2-96. [10] The purpose of civil commitment proceedings is to protect the public and to ensure the rights of the person whose liberty is at stake.”
Norma Jackson v. Indiana Adult Prot. Servs., 52 N.E.3d 821 (Ind. Ct. App. 2016).
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