A.a., Appellant (respondent) v. Eskenazi Health/midtown Cmhc, Appellee (petitioner)

Summary

The Indiana Supreme Court held that a mentally competent civil-commitment respondent may personally waive the right to appear only through a knowing, voluntary, and intelligent waiver, but the respondent's attorney may not waive that right. The court further held that a trial court's independent waiver of the respondent's presence must occur at the beginning of the hearing and that an improper waiver is subject to harmless-error review. Because the record did not show that A.A.'s presence would have been injurious to his mental health or well-being, the error was not harmless, so the commitment order was reversed and remanded for vacation.