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Emergency Mental Health Detention

IC 12-26-5-1 — up to 72 hours on an application, and fourteen days if a court approves it

From admission, excluding weekends and holidaysA person may be held
From admission, excluding weekends and holidaysWithout an application filedA person may be heldNot more than 48 hours
From admission, excluding weekends and holidaysOnce the facility files an application within that timeA person may be heldNot more than 72 hours
From admission, excluding weekends and holidaysOnce a court approves the applicationA person may be heldNot more than fourteen days, pending a final hearing
  • IC 12-26-5-1
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Who handles this in Indiana: legal aid programs and the state offices, listed in the Indiana directory.

The application carries a physician's attestation of probable cause that the person is mentally ill and either dangerous or gravely disabled, and needs continuing involuntary detention for care and treatment. A judicial officer's approval authorizes a police officer to take the person into custody and to a facility.

  • IC 12-26-5-1
  • IC 12-26-5-2

For someone admitted after midnight and before 8:00 a.m., the periods begin at 8:00 a.m.

  • IC 12-26-5-1
Sources for this section (2)
  1. IC 12-26-5-1 — 48-72 hour detention; written application; contents
  2. IC 12-26-5-2 — Police officer authorized to take individual into custody; reimbursement for certain nonemergency transports

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Indiana attorney.

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