Articles and Blogs

In a recent decision, the Indiana Court of Appeals (the “Court”) upheld the trial court’s Order for Temporary Commitment, clarifying that a finding of “dangerousness” for civil commitment is not negated by claims of self-defense when the underlying conduct is driven by delusional beliefs. In re Commitment of J.S., No. 25A-MH-979, 263 N.E.3d 165... READ MORE

The Indiana Court of Appeals (the “Court”) upheld the trial court’s Order for Regular Commitment because sufficient evidence supported the finding that the patient, B.C., was both dangerous and gravely disabled. In re: the Civil Commitment of B.C., No. 25A-MH-303, 266 N.E.3d 304 (Ind. Ct. App. 2025). Background B.C., diagnosed with schizophrenia, was incarcerated... READ MORE

The Indiana Court of Appeals (the “Court”) affirmed a trial court’s order for a regular involuntary commitment, holding that when clear and convincing evidence shows treatment would likely extend past 90 days, regular commitment is appropriate. In re Commitment of D.W., No. 24A-MH-2284 (Ind. Ct. App., May 30, 2025). Background D.W., 46, voluntarily presented... READ MORE

The Indiana Court of Appeals (the “Court”) in In re: the Civil Commitment of J.A. upheld the trial court’s Order for Temporary Commitment, holding sufficient evidence supported the trial court’s finding that J.A. was gravely disabled and unable to function independently outside of the hospital setting. In re: the Civil Commitment of J.A., No.... READ MORE

The Indiana Court of Appeals (the “Court”) in In re Commitment of G.J. emphasized the significance of hospital recidivism and catatonia as evidence and upheld the trial court’s Order for Temporary Commitment. No. 24A-MH-3101, 2025 WL 2438216 (Ind. Ct. App. 2025). Background G.J., diagnosed with schizophrenia, presented with symptoms of catatonia and periods of... READ MORE

Effective July 1, 2025, Indiana Medicaid is no longer required to reimburse for services rendered during an Application for Emergency Detention (“AED”) without regard to medical necessity.   Background In 2023, Indiana overhauled its emergency detention framework through HEA 1006, which extended emergency detention to 14 business days, restructured procedures for initiating detentions and formally... READ MORE

In In Re: Commitment of M.C., the Indiana Court of Appeals (the “Court”) dismissed M.C.’s appeal as moot because M.C. failed to demonstrate a particularized collateral consequence of his commitment or that the Indiana Constitution compelled the Court to hear his appeal on the merits. No. 24A-MH-1364, 2025 WL 658771 (Ind. Ct. App. Feb. 28, 2025).... READ MORE

Indiana Senate Enrolled Act 505 (“SEA 505”), recently signed into law, introduces notable changes to the state’s Emergency Medical Services (“EMS”) framework. Effective July 1, 2025, EMS professionals (including paramedics, EMTs, advanced EMTs and emergency medical responders) will be authorized to transport patients to a broader range of care settings beyond traditional hospitals. This... READ MORE

The Indiana Court of Appeals (the “Court”) recently reiterated that trial courts may not impose “special conditions” in civil commitment orders without record evidence tying the condition to the patient’s treatment or public safety. The Court invalidated a trial court’s blanket prohibition on alcohol and non-prescription drugs, finding no evidentiary basis for the restriction.... READ MORE

In In Re: Commitment of G.M., the Indiana Court of Appeals (the “Court”) affirmed the trial court’s refusal to allow a patient to waive the right to counsel in commitment proceedings. No. 24A-MH-2677, 2025 WL 928559 (Ind. Ct. App. Mar. 27, 2025). The decision highlighted the importance of civil commitment proceedings, the effect of... READ MORE