Title VI, HUMAN SERVICES (Ch. 216 - 255A)

1. If upon completion of the hospitalization hearing the court finds by clear and convincing evidence that the respondent has a serious mental impairment, the court shall order the respondent committed as expeditiously as possible for a complete psychiatric evaluation and appropr…

1. The chief medical officer’s report to the court on the psychiatric evaluation of the respondent shall be made not later than the expiration of the time specified in section 229.13 . At least two copies of the report shall be filed with the clerk, who shall dispose of them in t…

1. With respect to a chief medical officer’s report made pursuant to section 229.14, subsection 1 , paragraph “b” , “c” , or “d” , or any other provision of this chapter related to involuntary commitment for which the court issues a placement order or a transfer of placement is a…

A person who is placed in a hospital or other suitable facility for evaluation under section 229.13 or who is required to remain hospitalized for treatment under section 229.14 shall remain at that hospital or facility unless discharged or otherwise permitted to leave by the cour…

1. Not more than thirty days after entry of an order for continued hospitalization of a patient under section 229.14, subsection 1 , paragraph “b” , and thereafter at successive intervals of not more than sixty days continuing so long as involuntary hospitalization of the patient…

When the condition of a patient who is hospitalized pursuant to a report issued under section 229.14, subsection 1 , paragraph “b” , or is receiving treatment pursuant to a report issued under section 229.14, subsection 1 , paragraph “c” , or is in full-time care and custody purs…

If a respondent appeals to the supreme court from a finding that the contention the respondent is seriously mentally impaired has been sustained, and the respondent was previously ordered taken into immediate custody under section 229.11 or has been hospitalized for psychiatric e…

When the court directs that a respondent who was previously ordered taken into immediate custody under section 229.11 be placed in a hospital for psychiatric evaluation and appropriate treatment under section 229.13 , and no suitable hospital can immediately admit the respondent,…

1. a. (1) The board of supervisors of each county shall appoint an individual to act as an advocate representing the interests of patients involuntarily hospitalized by the court in matters relating to a patient’s hospitalization or treatment under section 229.14 or 229.15 . The …

As mental illness is often a continuing condition which is subject to wide and unpredictable changes in condition and fluctuations in reoccurrence and remission, this chapter shall be liberally construed to give recognition to these medical facts. 89 Acts, ch 275, §2

Notwithstanding any provision of this chapter to the contrary, any person whose hospitalization expenses are payable in whole or in part by an administrative services organization shall be subject to all administrative requirements of the administrative services organization. 96 …

1. a. An application for admission to a public or private hospital for observation, diagnosis, care, and treatment as a voluntary patient may be made by any person who is mentally ill or has symptoms of mental illness. b. In the case of a minor, the parent, guardian, or custodian…

1. The chief judge of each judicial district may appoint at least one judicial hospitalization referee for each county within the district. The judicial hospitalization referee shall be an attorney, licensed to practice law in this state, who shall be chosen with consideration to…

1. The procedure prescribed by this section shall be used when it appears that a person should be immediately detained due to serious mental impairment, but an application has not been filed naming the person as the respondent pursuant to section 229.6 , and the person cannot be …

Every person who is hospitalized or detained under this chapter shall have the right to: 1. Prompt evaluation, necessary psychiatric services, and additional care and treatment as indicated by the patient’s condition. A comprehensive, individualized treatment plan shall be timely…

1. All papers and records pertaining to any involuntary hospitalization or application pursuant to section 229.6 of any person under this chapter , whether part of the permanent record of the court or of a file in the department, are subject to inspection only upon an order of th…

1. a. The records maintained by a hospital or other facility relating to the examination, custody, care and treatment of any person in that hospital or facility pursuant to this chapter shall be confidential, except that the chief medical officer shall release appropriate informa…

Sections 229.6 through 229.19 constitute the exclusive procedure for involuntary hospitalization of persons by reason of serious mental impairment in this state, except that this chapter does not negate the provisions of section 904.503 relating to transfer of prisoners with ment…

1. Hospitalization of a person under this chapter , either voluntarily or involuntarily, does not constitute a finding of nor equate with nor raise a presumption of incompetency, nor cause the person so hospitalized to be deemed a person of unsound mind nor a person under legal d…

1. When a court finds that the contention that a respondent is seriously mentally impaired has been sustained or proposes to order continued hospitalization of any person, or an alternative placement, as described under section 229.14, subsection 1 , paragraph “b” or “d” , and th…

1. Upon receipt of a certificate stating that any person involuntarily hospitalized under this chapter is eligible for care and treatment in a facility operated by the United States department of veterans affairs or another agency of the United States government which is willing …

Any voluntary patient who has recovered, or whose hospitalization the chief medical officer of the hospital determines is no longer advisable, shall be discharged. Any voluntary patient may be discharged if to do so would in the judgment of the chief medical officer contribute to…

A judgment or order of hospitalization or commitment by a court of competent jurisdiction of another state or the District of Columbia, under which any person is hospitalized or placed in a facility operated by the United States department of veterans affairs or another agency of…

A sworn complaint, alleging that a named person is not seriously mentally impaired and is unjustly deprived of liberty in any hospital in the state, may be filed by any person with the clerk of the district court of the county in which such named person is so confined, or of the …

Said commission shall at once proceed to the place where said person is confined and make a thorough and discreet examination for the purpose of determining the truth of said allegations and shall promptly report its findings to said judge in writing. Said report shall be accompa…

If, on such report and statement, and the hearing of testimony if any is offered, the judge shall find that such person is not seriously mentally impaired, the judge shall order the person’s discharge; if the contrary, the judge shall so state, and authorize the continued detenti…

The finding and order of the judge, with the report and other papers, shall be filed in the office of the clerk of the court where the complaint was filed. Said clerk shall enter a memorandum thereof on the appropriate record, and forthwith notify the chief medical officer of the…

Said commissioners shall be entitled to their necessary expenses and a reasonable compensation, to be allowed by the judge, who shall certify the same to the director of the department of administrative services who shall thereupon draw the proper warrants on any funds in the sta…

The proceeding authorized in sections 229.31 through 229.35 shall not be had more often than once in six months regarding the same person; nor regarding any patient within six months after the patient’s admission to the hospital. [C73, §1443; C97, §2305; C24, 27, 31, 35, 39, § 35…

All persons confined as seriously mentally impaired shall be entitled to the benefit of the writ of habeas corpus, and the question of serious mental impairment shall be decided at the hearing. If the judge shall decide that the person is seriously mentally impaired, such decisio…

If any person having the care of a person with mental illness who has voluntarily entered a hospital or other facility for treatment or care, or who is responsible for psychiatric examination care, treatment, and maintenance of any person involuntarily hospitalized under sections…

1. Each person admitted or committed to a hospital for treatment of mental illness on or before December 31, 1975 who remained so hospitalized, or was on convalescent leave or was receiving care in another facility on transfer from such hospitalization, on or after January 1, 197…

A voluntary patient who requests release or whose release is requested, in writing, by the patient’s legal guardian, parent, spouse, or adult next of kin shall be released from the hospital in accordance with all of the following, as applicable: 1. If the patient was admitted on …

Proceedings under this chapter are subject to rules prescribed by the supreme court under section 602.4201 . [C79, 81, §229.40 ] 83 Acts, ch 186, §10053, 10201 Rules adopted by the supreme court are published in the compilation “Iowa Court Rules”

Persons making application pursuant to section 229.2 on their own behalf or on behalf of another person who is under eighteen years of age, if the person whose admission is sought is received for observation and treatment on the application, shall be required to pay the costs of …

The department may place patients of state mental health institutes who are nonresidents on convalescent leave to a private sponsor or in a health care facility licensed under chapter 135C , when in the opinion of the director the placement is in the best interests of the patient…

1. Venue for hospitalization proceedings shall be in the county where the respondent is found, unless the matter is transferred pursuant to Iowa court rule 12.15 for the involuntary hospitalization of persons with mental illness, in which case venue shall be in the county where t…

The department, in consultation with the office of attorney general, shall develop a summary of the procedures involved in an involuntary commitment and information concerning the participation of an applicant in the proceedings. The summary shall be provided by the department, a…

If a voluntary patient departs from the hospital without notice, and in the opinion of the chief medical officer the patient is seriously mentally impaired, the chief medical officer may file an application on the departed voluntary patient pursuant to section 229.6 , and request…

Prior to filing an application pursuant to section 229.6 , the clerk of the district court or the clerk’s designee shall inform the interested person referred to in section 229.6, subsection 1 , about the option of requesting a preapplication screening assessment through a preapp…

1. a. Proceedings for the involuntary hospitalization of an individual pursuant to this chapter or for the involuntary commitment or treatment of a person with a substance use disorder to a facility pursuant to chapter 125 may be commenced by any interested person by filing a ver…

1. Notwithstanding section 229.11 , the juvenile court has exclusive original jurisdiction in proceedings concerning a minor for whom an application is filed under section 229.6 or for whom an application for voluntary admission is made under section 229.2, subsection 1 , to whic…

Upon the filing of an application pursuant to section 229.6 , the clerk shall docket the case and immediately notify a district court judge, district associate judge, or magistrate who is admitted to the practice of law in this state, who shall review the application and accompan…

As soon as practicable after the filing of an application pursuant to section 229.6 , the court shall do all of the following: 1. Determine whether the respondent has an attorney who is able and willing to represent the respondent in the hospitalization proceeding, and if not, wh…

The court shall direct the clerk to furnish at once to the respondent’s attorney copies of the application filed pursuant to section 229.6 and the supporting documentation, and of the court’s order issued pursuant to section 229.8, subsection 3 . If the respondent is taken into c…

The clerk shall furnish the advocate appointed for the county in which an application is completed a copy of the application and any order issued pursuant to section 229.8, subsection 3 . The advocate may attend the hospitalization hearing of any respondent for whom the advocate …