A BILL FOR AN ACT to amend the Indiana Code concerning human services.

Plain English Breakdown

The bill summary and text do not explicitly state that local police have the power to detain someone; instead, it allows them to consider whether an individual meets criteria for emergency detention.

Involuntary Treatment for Substance Use Disorder

This bill allows certain people to ask a court to make someone get help for a drug or alcohol problem if that person refuses to do so on their own.

What This Bill Does

• Allows family members, friends, and medical providers to ask the court to order treatment for substance use disorder when the person with the disorder won't seek it themselves.
• Requires courts to appoint a public defender for people who can't afford one if they are being asked to get involuntary treatment.
• Requires the court to have a doctor check on whether someone needs treatment and how serious their condition is before making a decision.
• Allows local police to consider detaining someone in an emergency situation if it looks like they need immediate help for substance use disorder.
• If medical evidence shows that someone needs urgent treatment but refuses, the court can order up to 90 days of outpatient treatment.

Who It Names or Affects

• People with a substance use disorder who refuse treatment
• Family members and friends of people with substance use disorders
• Medical providers treating individuals with substance use disorders

Terms To Know

Involuntary Treatment

Treatment that someone is required to receive by court order, even if they do not want it.

Substance Use Disorder

A medical condition where a person has problems controlling their use of drugs or alcohol and it causes harm in their life.

Limits and Unknowns

• The bill does not specify what happens after the initial 90-day period if treatment is still needed.
• It's unclear how this will affect people's privacy rights when seeking help for substance use disorders.

Official Summary Text

A BILL FOR AN ACT to amend the Indiana Code concerning human services.
Involuntary treatment of substance use disorder.

Current Bill Text

A BILL FOR AN ACT to amend the Indiana Code concerning human services.

Involuntary treatment of substance use disorder.

Allows an individual's spouse, legal guardian, friend, relative, or medical service provider to petition a court for involuntary substance use disorder treatment. Requires a petition to include certain information and allows a court to dismiss a petition, without prejudice, if it does not contain the required information. Requires the court to appoint a public defender if the individual subject to a petition seeking involuntary substance use disorder treatment is not represented by an attorney. Requires a court to order the individual to be evaluated by a medical provider if the court finds that: (1) the individual has a substance use disorder; (2) because of the individual's substance use disorder, the individual is experiencing impaired judgment and is unable to independently maintain the individual's activities of daily living or is a danger to self or others; and (3) the individual refuses to voluntarily participate in substance use disorder treatment. Allows a court to order a local law enforcement agency to consider whether an individual meets the criteria for emergency detention under certain circumstances. Requires a medical provider who completes an evaluation concerning an individual's need for substance use disorder treatment to submit the evaluation to the court. Specifies that after receiving an evaluation from a medical provider, the court may dismiss the petition or set a hearing for further evidence to be presented about the individual's need for substance use disorder treatment. Requires a court to order involuntary outpatient substance use disorder treatment for a period, not to exceed 90 days, if medical evidence supports that the individual requires immediate treatment for a substance use disorder and the individual has refused treatment.