Articles and Blogs

The Indiana Court of Appeals (the “Court”) affirmed the continuation of a patient’s regular commitment, finding the trial court erred by conducting the review hearing remotely without sufficient good cause, but the error was harmless because the patient meaningfully participated and suffered no prejudice. The Court also affirmed the finding of grave disability, concluding... READ MORE

The Indiana Court of Appeals (the “Court”) reversed a trial court’s temporary commitment order, holding the evidence did not clearly and convincingly establish the patient was gravely disabled. Although the evidence supported the patient suffered from mental illness and exhibited symptoms associated with a manic episode, the Court concluded the evidence did not demonstrate... READ MORE

The Indiana Court of Appeals (the “Court”) affirmed a trial court’s temporary commitment order, holding that clear and convincing evidence supported the trial court’s findings that the patient’s persistent paranoia, inability to manage her medications, impaired ability to communicate and provide for her basic needs, and continued need for emergency medication supported the commitment... READ MORE

The Indiana Court of Appeals (the “Court”) affirmed a trial court’s temporary commitment order, holding that a patient’s voluntary participation in treatment did not render involuntary commitment inappropriate. The Court concluded that clear and convincing evidence supported the commitment where the patient’s mental illness substantially impaired his ability to function independently and no viable,... READ MORE

The Indiana Court of Appeals (“the Court”) affirmed a temporary commitment order after finding clear and convincing evidence that a patient was gravely disabled because of mental illness. Rejecting the patient’s argument that medication noncompliance, denial of his diagnosis and temporary homelessness were insufficient to establish grave disability, the Court emphasized the totality of... READ MORE

Senate Enrolled Act 285 (“SEA 285”) will expand the statutory definition of “gravely disabled”. The law also creates a new statutory framework prohibiting unauthorized camping or sleeping on public property. This new misdemeanor expressly requires law enforcement officers to first assess whether emergency detention is appropriate before pursuing criminal penalties under the street-camping provisions.... READ MORE

The Indiana Court of Appeals (the “Court”) affirmed the trial court’s order for a temporary commitment which authorized forcibly medicating the patient. The Court held that the hospital presented clear and convincing evidence, primarily through detailed physician testimony, that both commitment and involuntary medication are appropriate. In re Commitment of L.F., No. 26A-MH-658, 2026... READ MORE

The Indiana Court of Appeals (the “Court”) affirmed a trial court’s determination that a patient was gravely disabled—even though he initially sought care for a physical ailment. The Court held that the patient’s refusal of necessary treatment, combined with his lack of insight into both his medical and psychiatric conditions, satisfied the clear-and-convincing-evidence standard.... READ MORE

The Indiana Court of Appeals recently affirmed a regular commitment to a state hospital of a gravely disabled patient based on evidence that the patient’s symptoms impaired his judgment and his refusal to take medication and behavior demonstrated his inability to function independently. In re Commitment of G.S. v. Richmond State Hosp., No. 25A-MH-2033,... READ MORE

The Indiana Court of Appeals (the “Court”) confirmed that evidence about the patient’s indirect threats of physical and sexual violence can satisfy the Petitioner’s burden to clearly and convincingly prove that the patient is dangerous. In re Commitment of W.C. v. Richmond State Hosp., 272 N.E.3d 983 (Ind. Ct. App. 2025) (unpublished table opinion).... READ MORE