Indiana Code 12-26-5-11. Final hearing; burden of proof; testimony of physician; waiver
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Sec. 11. (a) A final hearing required by section 9 of this chapter shall be held not later than fourteen (14) days from the date of the individual’s admission to a facility, excluding Saturdays, Sundays, and legal holidays. The purpose of a final hearing is to determine by clear and convincing evidence whether the individual is:
(2) in need of temporary or regular commitment.
(1) mentally ill and either dangerous or gravely disabled; and
Terms Used In Indiana Code 12-26-5-11
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) At a final hearing, an individual may not be found in need of temporary or regular commitment unless:
(1) the physician who signed the attestation under section 1 of this chapter; or
(2) at least one (1) physician who has personally examined the individual;
testifies at the hearing. This testimony may be waived by the individual if the waiver is voluntarily and knowingly given.
[Pre-1992 Revision Citation: 16-13-9.1-7(e) part.]
As added by P.L.2-1992, SEC.20. Amended by P.L.205-2023, SEC.19.