Indiana § 16-41-9-5 - Mentally ill and serious or gravely disabled individuals with a communicable disease; detention; application for detention
Full text of Indiana Indiana Code § 16-41-9-5 — Mentally ill and serious or gravely disabled individuals with a communicable disease; detention; application for detention, with citation guidance and answers to common questions.
§ 16-41-9-5. Mentally ill and serious or gravely disabled individuals with a communicable disease; detention; application for detention
Sec. 5. (a) If a designated health official determines that an individual with a communicable disease has a serious communicable disease and has reasonable grounds to believe that the individual with a communicable disease is mentally ill and either dangerous or gravely disabled, the designated health official may request emergency detention under IC 12-26-5 for the purpose of having the individual with a communicable disease apprehended, detained, and examined. The designated health official may provide to the superintendent of the psychiatric hospital or center or the attending physician information about the communicable disease status of the individual with a communicable disease. Communications under this subsection do not constitute a breach of confidentiality.
(b) If the application for detention required under IC 12-26-5 states there is probable cause to believe the individual with a communicable disease is mentally ill and either dangerous or gravely disabled and requires continuing care and treatment, proceedings may continue under IC 12-26.
(c) If the court does not approve an application for detention required under IC 12-26-5, or if an application for detention is not timely filed, the individual with a communicable disease shall be referred to the designated health official who may take action under this article.
[Pre-1993 Recodification Citation: 16-1-10.5-13.]
As added by P.L.2-1993, SEC.24. Amended by P.L.112-2020, SEC.34; P.L.205-2023, SEC.23.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 16-41-9-5
What does Indiana Code § 16-41-9-5 cover?
Section 16-41-9-5 ("Mentally ill and serious or gravely disabled individuals with a communicable disease; detention; application for detention") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 16-41-9-5?
A common citation format is "Indiana Code § 16-41-9-5" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 16-41-9-5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.