Mental Health “Holds” in Indiana

Indiana law allows for individuals to be “detained” or held in a health care facility without their consent under certain circumstances. This is sometimes called a “48-hour hold,” or a “5150 hold,” but no matter what the name, there are certain steps that need to be followed in order to protect the detained individual’s rights and to follow the requirements of the statute.

First, there must be a proper reason to detain the person. The statute lists two conditions that need to be met:

• The person is “mentally ill,” and is “either dangerous or gravely disabled,” and
• “Continuing involuntary detention” is needed so the person can “receive care and treatment”

Second, that determination must be based on an exam by a physician, physician assistant, or advanced practice registered nurse, and must be supported by an “attestation” that is signed by a physician.

Third, the application to detain the person must be filed within 48 hours of when the person is first held, not including weekends and legal holidays. If the 48-hour application time limit is met, the person can be held for up to 72 hours, again not including weekends and legal holidays. Then, if a court approves a detention application, the person can be held for up to 14 days, again excluding weekends and legal holidays. Any detention for more than 14 days requires the court to hold a hearing on whether the person should be involuntarily confined for longer than that.

Note that this type of detention is not meant to be punitive and is not necessarily based on the person having committed a crime. The purpose of the detention is so that the person can receive the care and treatment they need so that they are no longer dangerous or disabled.

Razumich & Associates Can Help with Involuntary Detention Cases

Not every case of involuntary detention is warranted. A person may temporarily be in need of medical assistance for a number of reasons, such as intoxication, that do not justify long-term detention.

If you or someone you care for has been involuntarily detained and is at risk of a longer-term detention, contact Razumich & Associates for help. We can review the situation and help determine whether attempts to detain the person longer-term are justified, and when necessary, can appear and argue against continued detention on their behalf.

Call Razumich & Associates today at 317-983-5333, or fill out our contact form to discuss your case with us and learn how our experienced attorneys can help.