HB 1392

                                                             Introduced Version
           HOUSE BILL No. 1392
                 _____
              DIGEST OF INTRODUCED BILL
Citations Affected: IC 12-26-17.
Synopsis: Involuntary substance use disorder treatment. Allows an
individual's spouse, legal guardian, friend, or relative 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 two medical providers, one of which must be a
licensed physician, 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 substance use disorder treatment for a period
of between 60 and 360 days if medical evidence supports that the
individual requires immediate treatment for a substance use disorder
                     (Continued next page)
Effective: July 1, 2026.
           Patterson, Goss-Reaves
   January 8, 2026, read first time and referred to Committee on Judiciary.
2026  IN 1392—LS 6803/DI 149
Digest Continued
and the individual has refused treatment. Requires the petitioner to pay
all medical expenses that result from a respondent receiving court
ordered involuntary substance use disorder treatment. Specifies that a
respondent may be subject to contempt proceedings for a failure or
refusal to comply with a court order issued in response to the petition
for involuntary substance use disorder treatment.
2026  IN 1392—LS 6803/DI 149
                                                                                       Introduced
            Second Regular Session of the 124th General Assembly (2026)
 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
 Constitution) is being amended, the text of the existing provision will appear in this style type,
 additions will appear in this style type, and deletions will appear in this style type.
   Additions: Whenever a new statutory provision is being enacted (or a new constitutional
 provision adopted), the text of the new provision will appear in this style type. Also, the
 word NEW will appear in that style type in the introductory clause of each SECTION that adds
 a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
 between statutes enacted by the 2025 Regular Session of the General Assembly.
                   HOUSE BILL No. 1392
   A BILL FOR AN ACT to amend the Indiana Code concerning
 human services.
     Be it enacted by the General Assembly of the State of Indiana:
1    SECTION 1. IC 12-26-17 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2026]:
4    Chapter 17. Involuntary Treatment for Substance Use Disorder
5    Sec. 1. (a) Involuntary treatment for substance use disorder may
6 be considered by the court under this chapter upon the filing of a
7 petition with a court having jurisdiction in the county where the
8 individual:
9(1) resides; or
10(2) may be located.
11    (b) A petition may be filed under subsection (a) by an
12 individual's:
13(1) spouse;
14(2) legal guardian; or
15(3) friend or relative.
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1    (c) A petition filed under subsection (a) must include the
2 following:
3      (1) The individual's name and date of birth.
4      (2) All factual allegations to support that the individual:
5(A) has a substance use disorder;
6(B) is a danger to self or others or is unable to
7independently maintain the individual's activities of daily
8living because of a substance use disorder;
9(C) is unable to make the decision to seek treatment or has
10refused to seek treatment for substance use disorder; and
11(D) is in need of treatment for substance use disorder.
12      (3) If an individual is represented by an attorney, the petition
13      must identify the individual's attorney.
14    (d) A petition filed under subsection (a) must be served on:
15      (1) the individual;
16      (2) any court appointed legal guardian of the individual; and
17      (3) the individual's attorney, if applicable.
18    Sec. 2. (a) Upon receipt of a petition filed under section 1 of this
19 chapter, unless impracticable, the court:
20      (1) shall, if the petition contains all elements required by
21      section 1(c) of this chapter, conduct a hearing not later than
22      fifteen (15) days after the petition is filed; or
23      (2) may dismiss, without prejudice, a petition that does not
24      comply with section 1(c) of this chapter.
25    (b) If the individual is not represented by an attorney, the court
26 shall appoint a public defender to represent the individual.
27    (c) Notice of a hearing conducted under this section shall be
28 served on:
29      (1) the individual;
30      (2) any court appointed legal guardian of the individual;
31      (3) the petitioner; and
32      (4) the individual's attorney or the appointed public defender.
33    (d) A request for a continuance of the hearing described in
34 subsection (a) for a period of not more than thirty (30) days may
35 be granted for good cause shown.
36    Sec. 3. (a) Except as provided in subsection (c), if, upon the
37 completion of the hearing and consideration of the record, the
38 court finds that:
39      (1) the individual has a substance use disorder;
40      (2) because of the individual's substance use disorder, the
41      individual is experiencing impaired judgment and is:
42(A) unable to independently maintain the individual's
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                                   3
1activities of daily living; or
2(B) a danger to self or others; and
3(3) the individual refuses to voluntarily participate in
4substance use disorder treatment;
5 the court shall order that the individual be evaluated by two (2)
6 medical providers concerning substance use disorder. At least one
7 (1) of the medical providers ordered to complete an evaluation
8 must be a licensed physician.
9     (b) If the court makes findings under subsection (a), the court
10 shall order:
11(1) the individual to undergo an evaluation with the
12appropriate medical providers within fifteen (15) days;
13(2) that the evaluations from the medical providers must be
14submitted to the court not later than fifteen (15) days after the
15evaluation is completed. The evaluations submitted to the
16court under this subdivision must include treatment
17recommendations, if applicable; and
18(3) the petitioner to pay all costs and fees of the two (2)
19evaluations.
20     (c) If, upon the completion of the hearing and consideration of
21 the record, the evidence supports that the individual may meet the
22 criteria for emergency detention under IC 12-26-5, the court shall
23 order the local law enforcement agency to consider whether
24 reasonable grounds exist to believe that the individual has a mental
25 illness, is either dangerous or gravely disabled, and is in immediate
26 need of hospitalization and treatment under IC 12-26-5-0.5. If
27 applicable, the individual may be subject to the emergency
28 detention procedures under IC 12-26-5. If an emergency detention
29 is initiated, the petition for involuntary treatment filed under this
30 chapter shall be dismissed without prejudice.
31     (d) Upon receipt of the evaluations under subsection (b)(2), the
32 court shall do the following:
33(1) Dismiss the petition if the evaluations do not recommend
34that the individual requires immediate treatment for
35substance use disorder.
36(2) Set a hearing date to hear further evidence and make a
37determination as to the appropriate treatment for the
38individual if at least one (1) of the evaluations from the
39medical providers recommend immediate treatment for
40substance use disorder. The individual, petitioner, and both
41medical providers shall be ordered to appear at the hearing.
42Additional witnesses with relevant information may also
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1appear to provide testimony.
2 A hearing notice issued under this section shall be served in
3 accordance with section 2(c) of this chapter and shall also be
4 served on each medical provider that has submitted an evaluation
5 to the court.
6     (e) The individual must appear at a hearing under this section.
7 If the individual does not appear and the court finds that:
8(1) the individual was properly served; and
9(2) the evidence supports that the individual knowingly and
10voluntarily waived the right to be present at the hearing;
11 it is within the court's discretion to continue the hearing to a later
12 date or proceed with the hearing without the individual. A hearing
13 may be continued under this subsection for not more than thirty
14 (30) days.
15     (f) If the court finds, after considering the evidence presented at
16 a hearing ordered under subsection (d)(2), that:
17(1) medical evidence supports that the individual requires
18immediate treatment for a substance use disorder;
19(2) the individual is a danger to themself or others; and
20(3) the individual has refused substance use disorder
21treatment;
22 the court shall order the individual to receive involuntary
23 substance use disorder treatment for a period not less than sixty
24 (60) days and not more than three hundred sixty (360) days. The
25 court's treatment requirements for the individual shall be based
26 upon the testimony and recommendations of testifying medical
27 providers that have evaluated or treated the individual.
28     Sec. 4. A petition filed under this chapter shall be dismissed:
29(1) when the three hundred sixty (360) day treatment
30limitation described in section 3(f) of this chapter has expired;
31(2) when the substance use disorder treatment provider
32releases the individual from treatment; or
33(3) when the individual voluntarily enters appropriate
34substance use disorder treatment and submits documentation
35confirming the voluntary treatment to the court;
36 whichever is earliest.
37     Sec. 5. The petitioner is financially responsible for all medical
38 expenses, including out of pocket costs and uninsured expenses,
39 that result from an individual receiving court ordered involuntary
40 substance use disorder treatment under this chapter.
41     Sec. 6. An individual may be subject to contempt proceedings
42 for a failure or refusal to comply with a court order issued under
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1 this chapter.
2    Sec. 7. Nothing in this chapter prevents an individual from being
3 subject to an emergency detention or commitment order under this
4 article, if the relevant criteria are met.
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