Bill Text: IA HSB176 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to mental health and disability services provided by the state and judicial procedures relating to child in need of assistance proceedings, adoptions, and the confinement of persons found incompetent to stand trial.(See HF 471.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2023-02-27 - Committee report approving bill, renumbered as HF 471. [HSB176 Detail]
Download: Iowa-2023-HSB176-Introduced.html
House
Study
Bill
176
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
HEALTH
AND
HUMAN
SERVICES
BILL)
A
BILL
FOR
An
Act
relating
to
mental
health
and
disability
services
1
provided
by
the
state
and
judicial
procedures
relating
to
2
child
in
need
of
assistance
proceedings,
adoptions,
and
the
3
confinement
of
persons
found
incompetent
to
stand
trial.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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DIVISION
I
1
STATE
MENTAL
HEALTH
INSTITUTES
——
SPECIALIZATION
2
Section
1.
Section
226.1,
subsection
2,
paragraph
a,
3
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
4
(1)
Treatment,
training,
care,
habilitation,
and
support
5
of
persons
with
mental
illness
or
a
substance
abuse
problem
6
including:
7
(a)
Specialized
treatment
of
behaviorally
complex
youth
at
8
a
mental
health
institute
located
in
Independence.
9
(b)
Specialized
treatment
and
security
for
adults
ordered
10
by
the
court
into
the
custody
of
the
state
for
the
purposes
of
11
competency
restoration,
adults
who
have
been
acquitted
of
a
12
crime
by
reason
of
insanity,
and
similarly
situated
adults
at
a
13
mental
health
institute
in
Cherokee
.
14
DIVISION
II
15
CHILD
IN
NEED
OF
ASSISTANCE
——
SAFETY
PLANS
——
TEMPORARY
16
REMOVAL
17
Sec.
2.
Section
232.79B,
subsections
1,
2,
and
3,
Code
2023,
18
are
amended
to
read
as
follows:
19
1.
For
the
purposes
of
this
section
,
“safety
plan”
means
20
a
short-term,
time-limited
agreement
entered
into
between
the
21
department
and
a
child’s
parent
or
guardian
designed
to
address
22
signs
of
imminent
or
impending
danger
to
a
child
identified
by
23
the
department.
24
2.
Upon
the
department’s
determination
that
potential
harm
25
to
a
child
may
be
mitigated
by
the
development
of
a
safety
26
plan,
the
department
may
enter
into
a
safety
plan
with
the
27
child’s
parent
or
guardian
.
28
3.
A
safety
plan
shall
not
be
construed
as
a
removal
from
29
parental
or
guardian
custody
absent
a
court
order
placing
30
the
child
with
a
person
or
facility
other
than
the
parent
or
31
guardian
who
entered
into
the
safety
plan.
32
Sec.
3.
Section
232.95,
subsection
4,
Code
2023,
is
amended
33
to
read
as
follows:
34
4.
If
the
court
orders
the
child
removed
from
the
home
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pursuant
to
subsection
2
,
paragraph
“a”
“b”
or
“c”
,
the
court
1
shall
hold
a
hearing
to
review
the
removal
order
within
six
2
months
unless
a
dispositional
hearing
pursuant
to
section
3
232.99
has
been
held.
4
Sec.
4.
Section
232.102,
subsection
10,
Code
2023,
is
5
amended
by
striking
the
subsection.
6
DIVISION
III
7
MENTAL
HEALTH
AND
DISABILITY
SERVICES
REGIONS
——
GOVERNANCE
——
8
CASH
RESERVES
——
CORE
SERVICES
——
REPORT
9
Sec.
5.
Section
225C.7A,
subsection
7,
Code
2023,
is
amended
10
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
11
following:
12
7.
For
the
fiscal
year
beginning
July
1,
2023,
and
each
13
succeeding
fiscal
year,
each
mental
health
and
disability
14
services
region
for
which
the
amount
certified
during
the
15
fiscal
year
under
section
331.391,
subsection
4
,
paragraph
“b”
,
16
exceeds
ten
percent
of
the
actual
expenditures
of
the
region
17
for
the
fiscal
year
preceding
the
fiscal
year
in
progress,
the
18
remaining
quarterly
payments
of
the
region’s
regional
service
19
payment
shall
be
reduced
by
an
amount
equal
to
the
amount
by
20
which
the
region’s
amount
certified
under
section
331.391,
21
subsection
4
,
paragraph
“b”
,
exceeds
ten
percent
of
the
actual
22
expenditures
of
the
region
for
the
fiscal
year
preceding
the
23
fiscal
year
in
progress,
but
the
amount
of
the
reduction
24
shall
not
exceed
the
total
amount
of
the
region’s
regional
25
service
payment
for
the
fiscal
year.
If
the
region’s
remaining
26
quarterly
payments
are
insufficient
to
effectuate
the
required
27
reductions
under
this
paragraph,
the
region
is
required
to
28
pay
to
the
department
any
amount
for
which
the
reduction
in
29
quarterly
payments
could
not
be
made.
The
amount
of
reductions
30
to
quarterly
payments
and
amounts
paid
to
the
department
under
31
this
paragraph
shall
be
transferred
and
credited
to
the
region
32
incentive
fund
under
subsection
8
.
33
Sec.
6.
Section
225C.7A,
subsection
8,
paragraph
c,
34
subparagraph
(2),
subparagraph
division
(b),
Code
2023,
is
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amended
by
striking
the
subparagraph
division
and
inserting
in
1
lieu
thereof
the
following:
2
(b)
For
applications
for
fiscal
years
beginning
on
or
after
3
July
1,
2023,
ten
percent
of
the
actual
expenditures
of
the
4
mental
health
and
disability
services
region
for
the
fiscal
5
year
that
commenced
two
years
prior
to
the
fiscal
year
of
6
application
for
assistance.
7
Sec.
7.
Section
331.390,
subsection
2,
Code
2023,
is
amended
8
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
9
following:
10
2.
The
governing
board
shall
comply
with
all
of
the
11
following
requirements:
12
a.
Each
member
of
the
governing
board
shall
have
one
vote.
13
b.
The
membership
of
the
governing
board
shall
not
include
14
employees
of
the
department
of
health
and
human
services
or
a
15
nonelected
employee
of
a
county.
16
c.
The
membership
of
the
governing
board
shall
consist
of
17
the
following:
18
(1)
Members
representing
the
boards
of
supervisors
of
19
counties
comprising
the
region.
Members
representing
the
20
boards
of
supervisors
for
a
region’s
counties
shall
not
exceed
21
forty-nine
percent
of
the
total
membership
of
the
governing
22
board.
23
(2)
One
member
who
is
an
adult
person
who
utilizes
mental
24
health
and
disability
services
or
is
an
actively
involved
25
relative
of
such
an
adult
person.
This
member
shall
be
26
designated
by
the
regional
advisory
committee
formed
by
the
27
governing
board
pursuant
to
paragraph
“d”
.
28
(3)
One
member
representing
adult
service
providers
in
29
the
region.
This
member
shall
be
designated
by
the
regional
30
advisory
committee
formed
by
the
governing
board
pursuant
to
31
paragraph
“d”
.
32
(4)
One
member
representing
children’s
behavioral
health
33
services
providers
in
the
region.
This
member
shall
be
34
designated
by
the
regional
children’s
advisory
committee
formed
35
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by
the
governing
board
pursuant
to
paragraph
“e”
.
1
(5)
One
member
representing
the
education
system
in
the
2
region.
This
member
shall
be
designated
by
the
regional
3
children’s
advisory
committee
formed
by
the
governing
board
4
pursuant
to
paragraph
“e”
.
5
(6)
One
member
who
is
a
parent
of
a
child
who
utilizes
6
children’s
behavioral
health
services
or
who
is
an
actively
7
involved
relative
of
such
a
child.
This
member
shall
be
8
designated
by
the
regional
children’s
advisory
committee
formed
9
by
the
governing
board
pursuant
to
paragraph
“e”
.
10
(7)
One
member
representing
law
enforcement
in
the
region.
11
(8)
One
member
representing
the
judicial
system
in
the
12
region.
13
d.
The
governing
board
shall
have
a
regional
advisory
14
committee
consisting
of
adults
who
utilize
services
or
actively
15
involved
relatives
of
such
adults,
service
providers,
and
16
regional
governing
board
members.
17
e.
The
governing
board
shall
have
a
regional
children’s
18
advisory
committee
consisting
of
parents
of
children
who
19
utilize
services
or
actively
involved
relatives
of
such
20
children,
a
member
of
the
education
system,
an
early
childhood
21
advocate,
a
child
welfare
advocate,
a
children’s
behavioral
22
health
service
provider,
a
member
of
the
juvenile
court,
a
23
pediatrician,
a
child
care
provider,
a
local
law
enforcement
24
representative,
and
regional
governing
board
members.
25
Sec.
8.
Section
331.391,
subsection
4,
paragraph
c,
Code
26
2023,
is
amended
to
read
as
follows:
27
c.
For
fiscal
years
beginning
on
or
after
July
1,
2023,
the
28
region’s
cash
flow
amount
shall
not
exceed
five
ten
percent
29
of
the
actual
expenditures
from
the
combined
account
for
the
30
fiscal
year
preceding
the
fiscal
year
in
progress.
31
Sec.
9.
Section
331.397,
subsection
4,
Code
2023,
is
amended
32
by
adding
the
following
new
paragraph:
33
NEW
PARAGRAPH
.
g.
Outpatient
competency
restoration.
34
Sec.
10.
Section
331.397A,
subsection
4,
Code
2023,
is
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amended
by
adding
the
following
new
paragraph:
1
NEW
PARAGRAPH
.
c.
Outpatient
competency
restoration.
2
Sec.
11.
Section
331.400,
Code
2023,
is
amended
to
read
as
3
follows:
4
331.400
Quarterly
Annual
reports.
5
Beginning
with
the
fiscal
year
beginning
July
1,
2022
2023
,
6
the
department
shall
deliver
on
a
quarterly
an
annual
basis
7
a
report
to
the
general
assembly
that
provides
a
summary
of
8
the
status
of
implementing
core
services
in
each
region,
9
the
accessibility
of
core
services
in
each
region,
how
each
10
region
is
using
the
funding
provided
under
section
225C.7A
,
11
and
recommendations
for
improvements
to
the
mental
health
and
12
disability
services
system
in
order
to
attain
the
outcome
13
improvement
goals
set
by
the
department
consistent
with
the
14
goals
specified
in
the
performance-based
contracts
under
15
section
225C.7A,
subsection
2
,
paragraph
“c”
,
subparagraph
(5).
16
DIVISION
IV
17
ADOPTION
NOTICES
——
HEARINGS
18
Sec.
12.
Section
600.11,
subsection
2,
paragraph
a,
19
subparagraph
(7),
Code
2023,
is
amended
by
striking
the
20
subparagraph.
21
Sec.
13.
Section
600.11,
subsection
2,
Code
2023,
is
amended
22
by
adding
the
following
new
paragraph:
23
NEW
PARAGRAPH
.
0b.
(1)
At
least
twenty
days
prior
to
the
24
adoption
hearing,
a
copy
of
the
order
setting
the
adoption
25
hearing
shall
be
provided
to
siblings
of
the
person
to
be
26
adopted
when
either
of
the
following
applies:
27
(a)
The
sibling
and
the
person
to
be
adopted
have
an
28
existing
relationship.
29
(b)
There
is
a
court
finding
that
ongoing
contact
with
30
the
person
to
be
adopted
is
in
the
best
interest
of
each
31
sibling
and
the
person
to
be
adopted
was
a
minor
child
when
the
32
parents
of
the
person
to
be
adopted
had
their
parental
rights
33
terminated
subsequent
to
the
person
to
be
adopted
having
been
34
adjudicated
a
child
in
need
of
assistance.
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(2)
Notwithstanding
subsection
3,
a
copy
of
the
order
1
setting
the
adoption
hearing
may
be
provided
to
a
sibling
via
2
ordinary
mail
if
the
sibling’s
address
is
known.
A
copy
of
an
3
order
setting
an
adoption
hearing
sent
to
a
sibling
under
ten
4
years
of
age
shall
be
addressed
to
the
sibling’s
custodian
or
5
guardian.
6
(3)
This
paragraph
does
not
require
a
copy
of
the
order
7
setting
the
adoption
hearing
to
be
provided
to
any
of
the
8
following:
9
(a)
A
person
whose
parental
rights
have
been
terminated
with
10
regard
to
the
person
to
be
adopted.
11
(b)
Siblings
who
are
placed
with
the
sibling
to
be
adopted
12
at
the
time
the
court
issued
the
order
setting
the
adoption
13
hearing.
14
(c)
A
previously
adopted
sibling,
unless
the
siblings
were
15
the
subjects
of
child
in
need
of
assistance
or
termination
of
16
parental
rights
proceedings
that
occurred
at
the
same
time.
17
DIVISION
V
18
CONFINEMENT
OF
PERSONS
FOUND
INCOMPETENT
TO
STAND
TRIAL
19
Sec.
14.
Section
812.6,
subsection
1,
Code
2023,
is
amended
20
to
read
as
follows:
21
1.
If
the
court
finds
the
defendant
does
not
pose
a
danger
22
to
the
public
peace
and
safety,
is
otherwise
qualified
for
23
pretrial
release,
and
is
willing
to
cooperate
with
treatment,
24
the
court
shall
order,
as
a
condition
of
pretrial
release,
25
that
the
defendant
obtain
mental
health
treatment
designed
to
26
restore
the
defendant
to
competency.
The
costs
of
treatment
27
pursuant
to
this
subsection
shall
be
paid
by
the
mental
28
health
and
disability
services
region
for
the
county
of
the
29
defendant’s
residency
pursuant
to
chapter
225C
regardless
of
30
whether
the
defendant
meets
financial
eligibility
requirements
31
under
section
225C.62
or
225C.66.
32
Sec.
15.
Section
812.7,
Code
2023,
is
amended
to
read
as
33
follows:
34
812.7
Mental
status
reports.
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The
psychiatrist
or
licensed
doctorate-level
psychologist
1
providing
evaluating
the
progress
of
the
outpatient
competency
2
restoration
treatment
to
of
the
defendant,
or
the
director
of
3
the
facility
where
the
defendant
is
being
held
and
treated
4
pursuant
to
a
court
order,
shall
provide
a
written
status
5
report
to
the
court
regarding
the
defendant’s
mental
disorder
6
within
,
methods
used
to
restore
competency
to
the
defendant,
7
the
defendant’s
current
abilities
related
to
competency,
8
and
whether
it
appears
the
defendant’s
competency
can
be
9
restored
within
a
reasonable
amount
of
time.
The
psychiatrist,
10
psychologist,
or
director
shall
submit
an
initial
report
to
11
the
court
no
later
than
thirty
days
of
after
the
defendant’s
12
placement
pursuant
to
section
812.6
.
The
report
shall
also
13
state
whether
it
appears
that
the
defendant
can
be
restored
to
14
competency
in
a
reasonable
amount
of
time.
Progress
reports
15
shall
be
provided
to
the
court
,
and
subsequent
reports
every
16
sixty
days
or
less
thereafter
after
the
submission
of
the
17
initial
report
until
the
defendant’s
competency
is
restored
or
18
the
placement
of
the
defendant
is
terminated.
19
Sec.
16.
Section
812.8,
subsections
1
and
3,
Code
2023,
are
20
amended
to
read
as
follows:
21
1.
At
any
time,
upon
a
finding
by
a
psychiatrist
or
licensed
22
doctorate-level
psychologist
that
there
is
a
substantial
23
probability
that
the
defendant
has
acquired
the
ability
24
to
appreciate
the
charge,
understand
the
proceedings,
and
25
effectively
assist
in
the
defendant’s
defense,
the
psychiatrist
26
or
licensed
doctorate-level
psychologist
providing
evaluating
27
the
progress
of
the
defendant’s
outpatient
treatment
to
the
28
defendant
or
the
director
of
the
inpatient
facility
shall
29
immediately
notify
the
court.
After
receiving
notice
the
court
30
shall
proceed
as
provided
in
subsection
4
.
31
3.
At
any
time
upon
a
finding
by
a
treating
an
evaluating
32
psychiatrist
or
licensed
doctorate-level
psychologist
that
33
there
is
no
substantial
probability
that
the
defendant
will
34
be
restored
to
competency
in
a
reasonable
amount
of
time,
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the
psychiatrist
or
licensed
doctorate-level
psychologist
1
providing
evaluating
the
defendant’s
outpatient
treatment
to
2
the
defendant
or
the
director
of
the
inpatient
facility
shall
3
immediately
notify
the
court.
Upon
receiving
notification,
the
4
court
shall
proceed
as
provided
under
subsection
4
.
5
DIVISION
VI
6
CONFORMING
CODE
CHANGES
7
Sec.
17.
Section
256.25,
subsections
2
and
3,
Code
2023,
are
8
amended
to
read
as
follows:
9
2.
A
school
district,
which
may
collaborate
and
partner
10
with
one
or
more
school
districts,
area
education
agencies,
11
accredited
nonpublic
schools,
nonprofit
agencies,
and
12
institutions
that
provide
children’s
mental
health
services,
13
located
in
mental
health
and
disability
services
regions
14
providing
children’s
behavioral
health
services
in
accordance
15
with
chapter
331
225C
,
subchapter
III
VII
,
part
6,
may
apply
16
for
a
grant
under
this
program
to
establish
a
therapeutic
17
classroom
in
the
school
district
in
accordance
with
this
18
section
.
19
3.
The
department
shall
develop
a
grant
application
20
and
selection
and
evaluation
criteria.
Selection
criteria
21
shall
include
a
method
for
prioritizing
grant
applications
22
submitted
by
school
districts.
First
priority
shall
be
given
23
to
applications
submitted
by
school
districts
that
submitted
an
24
application
pursuant
to
this
section
for
the
previous
fiscal
25
year.
Second
priority
shall
be
given
to
applications
submitted
26
by
school
districts
that,
pursuant
to
subsection
2
,
are
27
collaborating
and
partnering
with
one
or
more
school
districts,
28
area
education
agencies,
accredited
nonpublic
schools,
29
nonprofit
agencies,
or
institutions
that
provide
mental
health
30
services
for
children.
Third
priority
shall
be
given
to
31
applications
submitted
by
school
districts
located
in
mental
32
health
and
disability
services
regions
providing
behavioral
33
health
services
for
children
in
accordance
with
chapter
331
34
225C
,
subchapter
III,
part
6
VII
.
Grant
awards
shall
be
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distributed
as
equitably
as
possible
among
small,
medium,
and
1
large
school
districts.
For
purposes
of
this
subsection
,
a
2
small
school
district
is
a
district
with
an
actual
enrollment
3
of
fewer
than
six
hundred
pupils;
a
medium
school
district
is
a
4
district
with
an
actual
enrollment
that
is
at
least
six
hundred
5
pupils,
but
less
than
two
thousand
five
hundred
pupils;
and
a
6
large
school
district
is
a
district
with
an
actual
enrollment
7
of
two
thousand
five
hundred
or
more
pupils.
8
DIVISION
VII
9
CODE
EDITOR
DIRECTIVE
——
MENTAL
HEALTH
AND
DISABILITY
SERVICES
10
CODE
TRANSFERS
11
Sec.
18.
CODE
EDITOR
DIRECTIVE.
12
1.
The
Code
editor
is
directed
to
make
the
following
13
transfers:
14
a.
Section
331.388
to
section
225C.55.
15
b.
Section
331.389
to
section
225C.56.
16
c.
Section
331.390,
as
amended
in
this
Act,
to
section
17
225C.57.
18
d.
Section
331.391,
as
amended
in
this
Act,
to
section
19
225C.58.
20
e.
Section
331.392
to
section
225C.59.
21
f.
Section
331.393
to
section
225C.60.
22
g.
Section
331.394
to
section
225C.61.
23
h.
Section
331.395
to
section
225C.62.
24
i.
Section
331.396
to
section
225C.63.
25
j.
Section
331.396A
to
section
225C.64.
26
k.
Section
331.397,
as
amended
in
this
Act,
to
section
27
225C.65.
28
l.
Section
331.397A,
as
amended
in
this
Act,
to
section
29
225C.66.
30
m.
Section
331.398
to
section
225C.67.
31
n.
Section
331.399
to
section
225C.68.
32
o.
Section
331.400,
as
amended
in
this
Act,
to
section
33
225C.69.
34
2.
The
Code
editor
shall
correct
internal
references
in
the
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Code
and
in
any
enacted
legislation
as
necessary
due
to
the
1
enactment
of
this
section.
2
3.
The
Code
editor
may
add
a
new
subchapter
to
chapter
3
225C
preceding
section
225C.55
entitled
“MENTAL
HEALTH
AND
4
DISABILITY
SERVICES
——
REGIONAL
SERVICE
SYSTEM
——
CHILDREN’S
5
BEHAVIORAL
HEALTH
SYSTEM”.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
relates
to
mental
health
and
disability
services
10
provided
by
the
state
and
judicial
procedures
relating
to
11
child
in
need
of
assistance
proceedings,
adoptions,
and
the
12
confinement
of
persons
found
incompetent
to
stand
trial.
The
13
bill
is
organized
into
divisions.
14
DIVISION
I
——
STATE
MENTAL
HEALTH
INSTITUTES
——
15
SPECIALIZATION.
The
bill
removes
persons
who
solely
have
a
16
substance
abuse
problem
as
a
population
eligible
to
receive
17
treatment,
training,
care,
habilitation,
and
support
at
a
state
18
mental
health
institute.
19
The
bill
designates
the
state
mental
health
institute
20
located
in
Independence,
Iowa,
for
specialized
treatment
of
21
behaviorally
complex
youth,
and
designates
the
state
mental
22
health
institute
located
in
Cherokee,
Iowa,
for
specialized
23
treatment
and
security
of
adults
ordered
by
the
court
into
24
the
custody
of
the
state
for
the
purposes
of
competency
25
restoration,
adults
who
have
been
acquitted
of
a
crime
by
26
reason
of
insanity,
and
similarly
situated
adults.
27
DIVISION
II
——
CHILD
IN
NEED
OF
ASSISTANCE
——
SAFETY
PLANS
28
——
TEMPORARY
REMOVAL.
The
bill
allows,
in
a
child
in
need
29
of
assistance
proceeding,
a
child’s
guardian
to
enter
into
a
30
safety
plan,
and
prohibits
a
safety
plan
from
being
construed
31
as
a
child’s
removal
from
a
guardian
absent
a
court
order
32
placing
the
child
with
a
person
or
facility
other
than
the
33
guardian
who
entered
into
the
safety
plan.
34
The
bill
makes
a
corrective
change
to
Code
section
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232.95(2)(a)
relating
to
hearings
concerning
the
temporary
1
removal
of
a
child
in
child
in
need
of
assistance
cases.
2
The
bill
strikes
Code
section
232.102(10)
relating
to
3
transfer
of
legal
custody
of
a
child
in
a
child
in
need
of
4
assistance
case
for
placement
and
visitation
of
the
child
by
5
the
child’s
grandparents,
great-grandparents,
and
certain
other
6
adult
relatives.
7
DIVISION
III
——
MENTAL
HEALTH
AND
DISABILITY
SERVICES
8
REGIONS
——
GOVERNANCE
——
CASH
RESERVES
——
CORE
SERVICES
——
9
REPORT.
The
bill
increases
the
amount
of
moneys
a
mental
10
health
and
disability
services
(MHDS)
regional
combined
account
11
may
have
before
payments
to
the
MHDS
region
are
reduced
and
12
an
MHDS
region
is
disqualified
from
receiving
funding
from
13
an
MHDS
incentive
fund.
The
bill
provides
that,
for
fiscal
14
years
beginning
on
or
after
July
1,
2023,
an
MHDS
region’s
cash
15
reserves
cannot
exceed
10
percent
of
the
actual
expenditures
16
from
the
combined
account
for
the
fiscal
year
preceding
the
17
fiscal
year
in
progress.
Under
current
law,
for
fiscal
years
18
beginning
on
or
after
July
1,
2023,
an
MHDS
region’s
cash
19
reserves
cannot
exceed
5
percent
of
the
actual
expenditures
20
from
the
combined
account
for
the
fiscal
year
preceding
the
21
fiscal
year
in
progress.
22
The
bill
makes
changes
to
the
regional
governance
of
23
MHDS
governing
boards.
The
bill
allows
each
member
of
an
24
MHDS
governing
board
to
have
a
vote,
limits
the
number
of
25
representatives
county
boards
of
supervisors
may
have
on
an
26
MHDS
regional
governing
board
to
49
percent
of
the
total
27
governing
board
membership,
and
adds
a
member
representing
law
28
enforcement
and
a
member
representing
the
judicial
system
in
an
29
MHDS
region
as
representatives
on
an
MHDS
governing
board.
30
The
bill
limits
an
MHDS
region’s
cash
flow
amount
to
10
31
percent
of
the
actual
expenditures
from
the
combined
account
32
for
the
fiscal
year
preceding
the
fiscal
year
in
progress.
33
Under
current
law,
the
cash
flow
amount
is
limited
to
5
percent
34
of
the
actual
expenditures
from
the
combined
account
for
the
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fiscal
year
preceding
the
fiscal
year
in
progress.
1
The
bill
adds
outpatient
competency
restoration
as
a
core
2
service
for
both
adult
and
children’s
MHDS
regions.
3
The
bill
requires
the
department
of
health
and
human
4
services
(HHS)
to
deliver
a
report
on
an
annual
basis
to
the
5
general
assembly
that
provides
a
summary
of
the
status
of
6
implementing
core
services
in
each
region,
the
accessibility
7
of
core
services
in
each
region,
how
each
region
is
using
the
8
funding
provided
to
MHDS
regions,
and
recommendations
for
9
improvements
to
the
MHDS
system
in
order
to
attain
the
outcome
10
improvement
goals
set
by
HHS.
Under
current
law,
HHS
is
11
required
to
give
such
a
report
on
a
quarterly
basis.
12
DIVISION
IV
——
ADOPTION
NOTICES
——
HEARINGS.
The
bill
13
requires
an
adoption
petitioner
to
provide
a
copy
of
the
order
14
setting
the
adoption
hearing
to
siblings
of
a
person
to
be
15
adopted
at
least
20
days
prior
to
the
adoption
hearing
when
16
there
is
either
an
existing
relationship
or
a
court
finding
17
that
ongoing
contact
with
the
person
to
be
adopted
is
in
the
18
best
interests
of
each
sibling
and
the
person
to
be
adopted
was
19
a
minor
child
when
the
parents
of
the
person
to
be
adopted
had
20
their
parental
rights
terminated
subsequent
to
the
person
to
be
21
adopted
having
been
adjudicated
a
child
in
need
of
assistance.
22
The
bill
allows
a
copy
of
the
order
setting
the
adoption
23
hearing
to
be
provided
to
a
sibling
via
ordinary
mail
if
the
24
sibling’s
address
is
known.
A
copy
of
an
order
setting
an
25
adoption
hearing
sent
to
a
sibling
under
10
years
of
age
shall
26
be
addressed
to
the
sibling’s
custodian
or
guardian.
27
The
bill
does
not
require
a
copy
of
the
order
setting
the
28
adoption
hearing
to
be
provided
to
a
person
whose
parental
29
rights
have
been
terminated
with
regard
to
the
person
to
be
30
adopted;
siblings
who
are
placed
with
the
sibling
to
be
adopted
31
at
the
time
the
court
issued
the
order
setting
the
adoption
32
hearing;
or
a
previously
adopted
sibling,
unless
the
siblings
33
were
the
subjects
of
child
in
need
of
assistance
or
termination
34
of
parental
rights
proceedings
that
occurred
at
the
same
time.
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DIVISION
V
——
CONFINEMENT
OF
PERSONS
FOUND
INCOMPETENT
TO
1
STAND
TRIAL.
The
bill
requires
the
MHDS
region
for
the
county
2
of
a
defendant’s
residency
to
pay
for
the
costs
of
mental
3
health
treatment
the
defendant
receives
as
a
condition
of
4
pretrial
release.
5
The
bill
allows
a
psychiatrist
or
licensed
doctorate-level
6
psychologist
evaluating
the
progress
of
a
defendant’s
7
outpatient
competency
restoration
treatment,
or
the
director
8
of
the
facility
where
the
defendant
is
being
held
and
treated
9
pursuant
to
a
court
order,
to
provide
a
written
status
report
10
to
the
court
regarding
the
defendant’s
mental
disorder.
Under
11
current
law,
only
the
psychiatrist
or
licensed
doctorate
12
level
psychologist
providing
the
defendant’s
treatment
or
the
13
director
of
the
facility
where
the
defendant
is
being
held
and
14
treated
can
provide
the
written
status
report.
15
The
bill
requires
a
written
status
report
prepared
for
an
16
incompetent
defendant
to
include
the
methods
used
to
restore
17
competency
to
the
defendant,
the
defendant’s
current
abilities
18
related
to
competency,
and
whether
it
appears
the
defendant’s
19
competency
can
be
restored
within
a
reasonable
amount
of
time.
20
The
bill
requires
a
psychiatrist,
psychologist,
or
director
to
21
submit
an
initial
report
to
the
court
no
later
than
30
days
22
after
the
defendant’s
placement
by
the
court
for
treatment,
and
23
subsequent
reports
every
60
days
or
less
after
submission
of
24
the
initial
report
until
the
defendant’s
competency
is
restored
25
or
the
placement
of
the
defendant
is
terminated.
26
The
bill
requires
a
psychiatrist
or
licensed
doctorate-level
27
psychologist
evaluating
the
progress
of
a
defendant’s
28
outpatient
competency
restoration
treatment,
or
the
director
29
of
the
facility
where
the
defendant
is
being
held
and
treated
30
pursuant
to
a
court
order,
to
notify
a
court
if
there
is
a
31
substantial
probability
or
is
no
substantial
probability
that
32
a
defendant
formerly
deemed
incompetent
either
has
acquired
33
the
ability
to
appreciate
the
charge
against
the
defendant,
34
understand
the
proceedings,
and
effectively
assist
in
the
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defendant’s
defense
or
will
be
restored
to
competency
in
1
a
reasonable
amount
of
time.
Under
current
law,
only
the
2
psychiatrist
or
licensed
doctorate-level
psychologist
providing
3
the
defendant’s
treatment
or
the
director
of
the
facility
where
4
the
defendant
is
being
held
and
treated
could
provide
such
5
notice
to
a
court.
6
DIVISION
VI
——
CONFORMING
CODE
CHANGE.
The
bill
makes
a
7
conforming
change
to
Code
section
256.25
(therapeutic
classroom
8
incentive
grant
program
——
fund).
9
DIVISION
VII
——
CODE
TRANSFERS.
The
bill
transfers
Code
10
sections
331.388
through
331.400
(mental
health
and
disability
11
services
——
regional
service
system
——
children’s
behavioral
12
health
system)
to
Code
sections
225C.55
through
225C.69
and
13
directs
the
Code
editor
to
make
conforming
changes.
14
-14-
LSB
1183XD
(13)
90
dg/rh
14/
14
