Indiana courts would consider requests for forced addiction treatment

A spouse, guardian, friend, or relative could file a petition, and the court would appoint a public defender if the person has no lawyer. They must file in the county where the person lives or may be located. The petition must give facts supporting a substance use disorder, danger or difficulty with daily life because of it, inability to choose care or refusal of care, and a need for treatment. The court may dismiss an incomplete petition. If passed, the chapter would take effect July 1, 2026.

After a hearing, the judge would order two medical evaluations when the required findings are made, unless emergency detention may apply. The person must have a substance use disorder and impaired judgment that leaves them unable to manage daily life or a danger to self or others. The person must refuse voluntary treatment. At least one evaluator must be a licensed physician. If emergency detention appears possible, the court must ask local law enforcement to assess it. The treatment petition ends if detention begins.

After another hearing, the judge would order treatment against the person's wishes when all required findings are made. Medical evidence must show an immediate need for treatment, and the person must pose a danger to self or others and refuse treatment. If neither evaluator recommends immediate care, the court must dismiss the petition. The petition also ends if the treatment provider releases the person or the person gives the court proof that they entered treatment voluntarily. The person could face contempt proceedings, a court process for disobeying an order. Court-ordered treatment would last at least 60 and at most 360 days unless the petition ends earlier.

The person who files the petition would pay for evaluations if ordered and for any court-ordered treatment. The payment duty covers the two evaluations ordered after those findings and medical expenses from any court-ordered treatment. The court must find a substance use disorder, impaired judgment that causes danger or difficulty with daily life, and refusal of voluntary treatment before ordering evaluations. Treatment bills include expenses paid out of pocket and costs insurance does not cover.