Section 12-26-3-5 - Refusal to release individual; grounds; written report to court(a) The superintendent or the attending physician is not required to release an individual under section 4 of this chapter if the superintendent or the attending physician has reason to believe the individual is mentally ill and either dangerous or gravely disabled.(b) If the superintendent or the attending physician makes a determination under subsection (a), the superintendent or the attending physician must make a written report to a court:(1) that has jurisdiction;(2) in the county: (A) of the residence of the individual; or(B) where the facility is located; and(3) not later than five (5) days of receiving the request made under section 4 of this chapter.(c) A report under subsection (b) must:(1) state that there is probable cause to believe that the individual is mentally ill and either dangerous or gravely disabled;(2) state that the individual requires continuing care and treatment in the facility; and(3) request a hearing on the report.Pre-1992 Revision Citation: 16-14-9.1-2(b) part.
As added by P.L. 2-1992, SEC.20.