Bill Text: IA SF406 | 2013-2014 | 85th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to involuntary commitments for persons with substance-related disorders, mental illness, and intellectual disabilities, and providing for the creation of a mental health advocate division in the department of inspections and appeals and including effective date provisions. (Formerly SSB 1192.) Item vetoed. Various effective dates; see section 35 of bill.
Spectrum: Committee Bill
Status: (Passed) 2013-12-31 - END OF 2013 ACTIONS [SF406 Detail]
Download: Iowa-2013-SF406-Introduced.html
Bill Title: A bill for an act relating to involuntary commitments for persons with substance-related disorders, mental illness, and intellectual disabilities, and providing for the creation of a mental health advocate division in the department of inspections and appeals and including effective date provisions. (Formerly SSB 1192.) Item vetoed. Various effective dates; see section 35 of bill.
Spectrum: Committee Bill
Status: (Passed) 2013-12-31 - END OF 2013 ACTIONS [SF406 Detail]
Download: Iowa-2013-SF406-Introduced.html
Senate
File
406
-
Introduced
SENATE
FILE
406
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1192)
A
BILL
FOR
An
Act
relating
to
involuntary
commitments
for
persons
1
with
substance-related
disorders,
mental
illness,
and
2
intellectual
disabilities,
and
providing
for
the
creation
3
of
an
office
of
mental
health
advocate
in
the
department
of
4
human
rights
and
including
effective
date
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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406
DIVISION
I
1
DEPARTMENTAL
RESPONSIBILITY
FOR
MENTAL
HEALTH
ADVOCATES
2
Section
1.
NEW
SECTION
.
216A.171
Definitions.
3
As
used
in
this
subchapter,
unless
the
context
otherwise
4
requires:
5
1.
“Administrator”
means
the
administrator
of
the
office
of
6
mental
health
advocate
of
the
department
of
human
rights.
7
2.
“Office”
means
the
office
of
mental
health
advocate
of
8
the
department
of
human
rights.
9
Sec.
2.
NEW
SECTION
.
216A.172
Duties
of
administrator.
10
The
administrator
shall
administer
the
office’s
conduct
11
of
the
mental
health
advocate
program
as
provided
by
section
12
229.19
and
other
applicable
law.
The
administrator’s
duties
13
may
include
but
are
not
limited
to
all
of
the
following:
14
1.
Appointing
persons
to
serve
as
mental
health
advocates
15
and
other
office
staff
and
identifying
qualifications
for
16
persons
serving
as
a
mental
health
advocate.
The
minimum
17
qualifications
for
a
mental
health
advocate
whose
initial
18
appointment
commences
on
or
after
July
1,
2013,
shall
be
a
19
bachelor’s
degree
from
an
accredited
school,
college,
or
20
university
in
social
work,
counseling,
human
services,
health,
21
or
nursing
and
one
year
of
experience
in
the
provision
of
22
mental
health
services.
A
person
who
is
a
licensed
registered
23
nurse
pursuant
to
chapter
152
who
is
current
with
applicable
24
continuing
education
requirements
shall
be
deemed
to
have
met
25
the
minimum
experience
requirement.
26
2.
Training
and
supervising
office
staff.
27
3.
Implementing
procedures
for
appointing,
dismissing,
and
28
supervising
advocates.
29
4.
Administering
program
additions
and
expansions,
30
including
providing
advocate
services
for
persons
with
a
31
substance-related
disorder
and
persons
found
not
guilty
32
by
reason
of
insanity,
if
such
additions
or
expansions
are
33
authorized
and
funded.
34
5.
Developing
and
implementing
a
case
weight
system
for
use
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in
appointing
and
compensating
advocates.
1
6.
Administering
case
reviews
and
audits.
2
Sec.
3.
TRANSITION.
3
1.
The
department
of
human
rights
shall
commence
4
organizational
activities
during
the
fiscal
year
beginning
July
5
1,
2013,
as
necessary
to
fully
implement
this
division
and
6
assume
responsibility
for
mental
health
advocates
as
provided
7
in
this
division
and
division
II
of
this
Act
on
July
1,
2014.
8
2.
If
necessary
for
the
purposes
of
subsection
1,
the
9
department
of
human
rights
may
adopt
emergency
rules
under
10
section
17A.4,
subsection
3,
and
section
17A.5,
subsection
2,
11
paragraph
“b”,
to
implement
the
provisions
of
division
II
of
12
this
Act
on
July
1,
2014,
and
the
rules
shall
be
effective
13
immediately
upon
filing
unless
a
later
date
is
specified
in
the
14
rules.
Any
rules
adopted
in
accordance
with
this
section
shall
15
also
be
published
as
a
notice
of
intended
action
as
provided
16
in
section
17A.4.
17
DIVISION
II
18
IMPLEMENTATION
——
MENTAL
HEALTH
ADVOCATES
19
Sec.
4.
Section
225C.4,
subsection
1,
paragraph
m,
Code
20
2013,
is
amended
to
read
as
follows:
21
m.
Provide
consultation
and
technical
assistance
to
22
patients’
mental
health
advocates
appointed
pursuant
to
23
section
229.19
,
in
cooperation
with
the
judicial
branch
and
24
the
department
of
human
rights,
and
to
the
resident
advocate
25
committees
appointed
for
health
care
facilities
pursuant
to
26
section
135C.25
.
27
Sec.
5.
Section
226.31,
Code
2013,
is
amended
to
read
as
28
follows:
29
226.31
Examination
by
court
——
notice.
30
Before
granting
the
order
authorized
in
section
226.30
31
the
court
or
judge
shall
investigate
the
allegations
of
the
32
petition
and
before
proceeding
to
a
hearing
on
the
allegations
33
shall
require
notice
to
be
served
on
the
attorney
who
34
represented
the
patient
in
any
prior
proceedings
under
sections
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229.6
to
229.15
or
the
and
to
any
mental
health
advocate
1
appointed
for
the
patient
under
section
229.19
,
or
in
the
case
2
of
a
patient
who
entered
the
hospital
voluntarily,
on
any
3
relative,
friend,
or
guardian
of
the
person
in
question
of
the
4
filing
of
the
application.
At
the
hearing
the
court
or
judge
5
shall
appoint
a
guardian
ad
litem
for
the
person,
if
the
court
6
or
judge
deems
such
action
necessary
to
protect
the
rights
7
of
the
person.
The
guardian
ad
litem
shall
be
a
practicing
8
attorney.
9
Sec.
6.
Section
229.2,
subsection
1,
paragraph
b,
10
subparagraph
(6),
Code
2013,
is
amended
to
read
as
follows:
11
(6)
Upon
approval
of
the
admission
of
a
minor
over
the
12
minor’s
objections,
the
juvenile
court
shall
notify
the
office
13
of
mental
health
advocate
of
the
department
of
human
rights
and
14
the
office
shall
appoint
an
individual
to
act
as
an
the
mental
15
health
advocate
representing
the
interests
of
for
the
minor
in
16
the
same
manner
as
an
advocate
representing
the
interests
of
17
patients
involuntarily
hospitalized
pursuant
to
in
accordance
18
with
section
229.19
.
19
Sec.
7.
Section
229.9A,
Code
2013,
is
amended
to
read
as
20
follows:
21
229.9A
Advocate
Mental
health
advocate
informed
——
hearings
.
22
The
court
shall
direct
the
clerk
to
furnish
the
office
of
23
the
mental
health
advocate
of
the
respondent’s
county
of
legal
24
settlement
designated
for
the
court
by
the
department
of
human
25
rights
with
a
copy
of
application
and
any
order
issued
pursuant
26
to
section
229.8,
subsection
3
.
The
mental
health
advocate
27
designated
for
the
court
may
attend
the
hospitalization
any
28
court
hearing
of
any
involving
the
respondent
for
whom
the
29
advocate
has
received
notice
of
a
hospitalization
hearing
.
30
Sec.
8.
Section
229.12,
subsection
2,
Code
2013,
is
amended
31
to
read
as
follows:
32
2.
All
persons
not
necessary
for
the
conduct
of
the
33
proceeding
shall
be
excluded,
except
that
the
court
may
admit
34
persons
having
a
legitimate
interest
in
the
proceeding
and
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shall
permit
the
mental
health
advocate
from
the
respondent’s
1
county
of
legal
settlement
designated
for
the
court
by
the
2
department
of
human
rights
to
attend
the
hearing.
Upon
motion
3
of
the
county
attorney,
the
judge
may
exclude
the
respondent
4
from
the
hearing
during
the
testimony
of
any
particular
witness
5
if
the
judge
determines
that
witness’s
testimony
is
likely
to
6
cause
the
respondent
severe
emotional
trauma.
7
Sec.
9.
Section
229.14A,
subsection
1,
Code
2013,
is
amended
8
to
read
as
follows:
9
1.
With
respect
to
a
chief
medical
officer’s
report
made
10
pursuant
to
section
229.14,
subsection
1
,
paragraph
“b”
,
“c”
,
11
or
“d”
,
or
any
other
provision
of
this
chapter
related
to
12
involuntary
commitment
for
which
the
court
issues
a
placement
13
order
or
a
transfer
of
placement
is
authorized,
the
court
shall
14
provide
notice
to
the
respondent
,
and
the
respondent’s
attorney
15
or
,
and
any
mental
health
advocate
appointed
for
the
respondent
16
pursuant
to
section
229.19
concerning
the
placement
order
17
and
the
respondent’s
right
to
request
a
placement
hearing
to
18
determine
if
the
order
for
placement
or
transfer
of
placement
19
is
appropriate.
20
Sec.
10.
Section
229.14A,
subsection
5,
paragraph
c,
Code
21
2013,
is
amended
to
read
as
follows:
22
c.
If
the
respondent’s
attorney
has
withdrawn
pursuant
to
23
section
229.19
,
the
court
shall
appoint
an
attorney
for
the
24
respondent
in
the
manner
described
in
section
229.8,
subsection
25
1
.
26
Sec.
11.
Section
229.15,
subsection
6,
Code
2013,
is
amended
27
to
read
as
follows:
28
6.
Upon
receipt
of
any
report
required
or
authorized
by
29
this
section
the
court
shall
furnish
a
copy
to
the
patient’s
30
attorney
,
or
alternatively
and
to
the
mental
health
advocate
31
appointed
as
required
by
section
229.19
for
the
patient
.
The
32
court
shall
examine
the
report
and
take
the
action
thereon
33
which
it
deems
appropriate.
Should
the
court
fail
to
receive
34
any
report
required
by
this
section
or
section
229.14
at
the
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time
the
report
is
due,
the
court
shall
investigate
the
reason
1
for
the
failure
to
report
and
take
whatever
action
may
be
2
necessary
in
the
matter.
3
Sec.
12.
Section
229.19,
Code
2013,
is
amended
to
read
as
4
follows:
5
229.19
Advocates
Mental
health
advocates
——
duties
——
6
compensation
——
state
and
county
liability
.
7
1.
a.
In
each
county
with
a
population
of
three
hundred
8
thousand
or
more
inhabitants
the
board
of
supervisors
shall
9
appoint
an
individual
who
has
demonstrated
by
prior
activities
10
an
informed
concern
for
the
welfare
and
rehabilitation
of
11
persons
with
mental
illness,
and
who
is
not
an
officer
or
12
employee
of
the
department
of
human
services
nor
of
any
agency
13
or
facility
providing
care
or
treatment
to
persons
with
mental
14
illness,
to
act
as
an
advocate
representing
the
interests
of
15
patients
involuntarily
hospitalized
by
the
court,
in
any
matter
16
relating
to
the
patients’
hospitalization
or
treatment
under
17
section
229.14
or
229.15
.
In
each
county
with
a
population
of
18
under
three
hundred
thousand
inhabitants,
the
chief
judge
of
19
the
judicial
district
encompassing
the
county
shall
appoint
the
20
advocate.
For
the
purposes
of
this
section,
“office”
means
the
21
office
of
mental
health
advocate
of
the
department
of
human
22
rights.
23
b.
The
court
or,
if
the
advocate
is
appointed
by
the
county
24
board
of
supervisors,
the
board
shall
assign
the
advocate
25
appointed
from
a
patient’s
county
of
legal
settlement
to
26
represent
the
interests
of
the
patient.
If
a
patient
has
27
no
county
of
legal
settlement,
the
court
or,
if
the
advocate
28
is
appointed
by
the
county
board
of
supervisors,
the
board
29
shall
assign
the
advocate
appointed
from
the
county
where
the
30
hospital
or
facility
is
located
to
represent
the
interests
of
31
the
patient.
32
c.
The
advocate’s
responsibility
with
respect
to
any
patient
33
shall
begin
at
whatever
time
the
attorney
employed
or
appointed
34
to
represent
that
patient
as
respondent
in
hospitalization
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proceedings,
conducted
under
sections
229.6
to
229.13
,
reports
1
to
the
court
that
the
attorney’s
services
are
no
longer
2
required
and
requests
the
court’s
approval
to
withdraw
as
3
counsel
for
that
patient.
However,
if
4
b.
If
the
patient
is
found
to
be
seriously
mentally
impaired
5
at
the
hospitalization
hearing,
the
attorney
representing
the
6
patient
shall
automatically
be
relieved
of
responsibility
in
7
the
case
and
an
a
mental
health
advocate
shall
be
assigned
to
8
appointed
for
the
patient
at
the
conclusion
of
the
hearing
9
unless
the
attorney
indicates
an
intent
to
continue
the
10
attorney’s
services
and
.
The
court
shall
notify
the
office
of
11
the
court’s
finding
and
the
office
shall
appoint
an
advocate
12
for
the
patient.
The
advocate’s
responsibility
with
respect
13
to
a
patient
shall
begin
when
the
advocate
is
appointed
for
14
the
patient.
The
attorney
representing
the
patient
shall
15
automatically
be
relieved
of
responsibility
at
the
conclusion
16
of
the
hearing
unless
the
attorney
requests
to
continue
17
representation
and
the
court
so
directs
authorizes
the
attorney
18
to
remain
on
the
case
.
If
the
court
directs
the
attorney
to
19
remain
on
the
case,
the
attorney
shall
assume
all
the
duties
20
of
an
advocate
cooperate
with
the
advocate
appointed
for
the
21
patient
.
The
clerk
shall
furnish
the
advocate
with
a
copy
of
22
the
court’s
order
approving
the
withdrawal
or
continuation
of
23
the
attorney
and
shall
inform
the
patient
of
the
name
of
the
24
patient’s
advocate.
25
d.
c.
With
regard
to
each
patient
whose
interests
the
26
for
whom
a
mental
health
advocate
is
required
to
represent
27
appointed
pursuant
to
this
section
,
the
advocate’s
duties
shall
28
include
all
of
the
following:
29
(1)
To
review
each
report
submitted
pursuant
to
sections
30
229.14
and
229.15
.
31
(2)
If
the
advocate
is
not
an
attorney,
to
To
advise
the
32
court
at
any
time
it
appears
that
the
services
of
an
attorney
33
are
required
to
properly
safeguard
the
patient’s
interests.
34
(3)
To
be
readily
accessible
to
communications
from
the
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patient
and
to
originate
communications
with
the
patient
within
1
five
days
of
the
patient’s
commitment.
2
(4)
To
visit
the
patient
within
fifteen
days
of
the
3
patient’s
commitment
and
periodically
thereafter.
4
(5)
To
communicate
with
medical
personnel
treating
the
5
patient
and
to
review
the
patient’s
medical
records
pursuant
6
to
section
229.25
.
7
(6)
To
file
with
the
court
and
the
office
quarterly
reports,
8
and
additional
reports
as
the
advocate
feels
necessary
or
as
9
required
by
the
court
office
,
in
a
form
prescribed
by
the
court
10
office
.
The
reports
shall
state
what
actions
the
advocate
11
has
taken
with
respect
to
each
patient
and
the
amount
of
time
12
spent.
13
(7)
To
utilize
the
related
best
practices
for
the
duties
14
identified
in
this
paragraph
“d”
“c”
developed
and
promulgated
15
by
the
judicial
council.
16
e.
d.
An
Subject
to
the
availability
of
funding
17
appropriated
for
this
purpose,
a
mental
health
advocate
may
18
also
be
appointed
pursuant
to
this
section
for
an
individual
19
who
has
been
diagnosed
with
a
co-occurring
mental
illness
and
20
substance-related
substance-related
disorder.
21
2.
The
hospital
or
facility
to
which
a
patient
is
committed
22
shall
grant
all
reasonable
requests
of
the
patient’s
mental
23
health
advocate
to
visit
the
patient,
to
communicate
with
24
medical
personnel
treating
the
patient,
and
to
review
the
25
patient’s
medical
records
pursuant
to
section
229.25
.
An
26
advocate
shall
not
disseminate
information
from
a
patient’s
27
medical
records
to
any
other
person
unless
done
for
official
28
purposes
in
connection
with
the
advocate’s
duties
pursuant
to
29
this
chapter
or
when
required
by
law.
30
3.
The
court
or,
if
the
advocate
is
appointed
by
the
county
31
board
of
supervisors,
the
board
office
shall
prescribe
provide
32
reasonable
compensation
for
the
services
of
the
advocate
in
33
accordance
with
section
216A.172
.
The
compensation
shall
be
34
based
upon
the
reports
filed
by
the
advocate
with
the
court.
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The
advocate’s
compensation
shall
be
paid
by
the
county
in
1
which
the
court
is
located,
either
on
order
of
the
court
or,
if
2
the
advocate
is
appointed
by
the
county
board
of
supervisors,
3
on
the
direction
of
the
board.
If
the
advocate
is
appointed
4
by
the
court,
the
advocate
is
an
employee
of
the
state
for
5
purposes
of
chapter
669
.
If
the
advocate
is
appointed
by
the
6
county
board
of
supervisors,
the
advocate
is
an
employee
of
7
the
county
for
purposes
of
chapter
670
.
If
the
patient
or
8
the
person
who
is
legally
liable
for
the
patient’s
support
9
is
not
indigent,
the
board
office
shall
recover
the
costs
of
10
compensating
the
advocate
from
that
person.
If
that
person
11
has
an
income
level
as
determined
pursuant
to
section
815.9
12
greater
than
one
hundred
percent
but
not
more
than
one
hundred
13
fifty
percent
of
the
poverty
guidelines,
at
least
one
hundred
14
dollars
of
the
advocate’s
compensation
shall
be
recovered
in
15
the
manner
prescribed
by
the
county
board
of
supervisors.
16
If
that
person
has
an
income
level
as
determined
pursuant
17
to
section
815.9
greater
than
one
hundred
fifty
percent
of
18
the
poverty
guidelines,
at
least
two
hundred
dollars
of
the
19
advocate’s
compensation
shall
be
recovered
in
substantially
the
20
same
manner
prescribed
by
the
county
board
of
supervisors
as
21
provided
in
section
815.9
.
22
Sec.
13.
Section
229.25,
subsection
1,
paragraph
a,
23
subparagraph
(1),
Code
2013,
is
amended
to
read
as
follows:
24
(1)
The
information
is
requested
by
a
licensed
physician,
25
attorney
,
or
the
mental
health
advocate
who
provides
appointed
26
for
the
person.
The
requester
must
provide
the
chief
medical
27
officer
with
a
written
waiver
signed
by
the
person
about
whom
28
the
information
is
sought.
29
Sec.
14.
TRANSITION
OF
EMPLOYEE
RIGHTS
OF
FORMER
COUNTY
30
EMPLOYEES.
31
1.
If
appointed
by
the
administrator
of
the
office
of
mental
32
health
advocate
of
the
department
of
human
rights
pursuant
33
to
section
216A.172,
county
employees
paid
for
mental
health
34
advocate
services
under
section
229.19
shall
become
employees
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of
the
department
of
human
rights
effective
July
1,
2014,
and
1
the
department
shall
assume
all
costs
associated
with
the
2
functions
of
the
employees
on
that
date.
Employees
who
were
3
paid
salaries
by
the
counties
immediately
prior
to
becoming
4
state
employees
as
a
result
of
this
Act
shall
not
forfeit
5
accrued
vacation,
accrued
sick
leave,
or
benefits
related
to
6
longevity
of
service,
except
as
provided
in
this
section.
7
2.
The
department
of
inspections
and
appeals,
after
8
consulting
with
the
department
of
administrative
services,
9
shall
adopt
rules
to
provide
for
the
following:
10
a.
A
person
referred
to
in
subsection
1
shall
have
to
the
11
person’s
credit
as
a
state
employee
commencing
on
the
date
of
12
becoming
a
state
employee
the
number
of
accrued
vacation
days
13
that
was
credited
to
the
person
as
a
county
employee
as
of
the
14
end
of
the
day
prior
to
becoming
a
state
employee.
15
b.
Each
person
referred
to
in
subsection
1
shall
have
to
16
the
person’s
credit
as
a
state
employee
commencing
on
the
17
date
of
becoming
a
state
employee
the
number
of
accrued
days
18
of
sick
leave
that
was
credited
to
the
person
as
a
county
19
employee
as
of
the
end
of
the
day
prior
to
becoming
a
state
20
employee.
However,
the
number
of
days
of
sick
leave
credited
21
to
a
person
under
this
subsection
and
eligible
to
be
taken
22
when
sick
or
eligible
to
be
received
upon
retirement
shall
not
23
respectively
exceed
the
maximum
number
of
days,
if
any,
or
the
24
maximum
dollar
amount
as
provided
in
section
70A.23
that
state
25
employees
generally
are
entitled
to
accrue
or
receive
according
26
to
rules
in
effect
as
of
the
date
the
person
becomes
a
state
27
employee.
28
c.
Commencing
on
the
date
of
becoming
a
state
employee,
each
29
person
referred
to
in
subsection
1
is
entitled
to
claim
the
30
person’s
most
recent
continuous
period
of
service
in
full-time
31
county
employment
as
full-time
state
employment
for
purposes
32
of
determining
the
number
of
days
of
vacation
which
the
person
33
is
entitled
to
earn
each
year.
The
actual
vacation
benefit,
34
including
the
limitation
on
the
maximum
accumulated
vacation
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leave,
shall
be
determined
as
provided
in
section
70A.1
1
according
to
rules
in
effect
for
state
employees
of
comparable
2
longevity,
irrespective
of
any
greater
or
lesser
benefit
as
a
3
county
employee.
4
3.
Persons
referred
to
in
subsection
1
who
were
covered
5
by
county
employee
life
insurance
and
accident
and
health
6
insurance
plans
prior
to
becoming
state
employees
in
accordance
7
with
this
section
shall
be
permitted
to
apply
prior
to
becoming
8
state
employees
for
life
insurance
and
health
and
accident
9
insurance
plans
that
are
available
to
state
employees
so
that
10
those
persons
do
not
suffer
a
lapse
of
insurance
coverage
as
a
11
result
of
this
section.
The
department
of
human
rights,
after
12
consulting
with
the
department
of
administrative
services,
13
shall
prescribe
rules
and
distribute
application
forms
and
14
take
other
actions
as
necessary
to
enable
those
persons
to
15
elect
to
have
insurance
coverage
that
is
in
effect
on
the
date
16
of
becoming
state
employees.
The
actual
insurance
coverage
17
available
to
a
person
shall
be
determined
by
the
plans
that
are
18
available
to
state
employees,
irrespective
of
any
greater
or
19
lesser
benefits
that
may
have
been
available
to
the
person
as
20
a
county
employee.
21
4.
Commencing
on
the
date
of
becoming
a
state
employee,
each
22
person
referred
to
in
subsection
1
is
entitled
to
claim
the
23
person’s
most
recent
continuous
period
of
service
in
full-time
24
county
employment
as
full-time
state
employment
for
purposes
of
25
determining
disability
benefits
as
provided
in
section
70A.20
26
according
to
rules
in
effect
for
state
employees
of
comparable
27
longevity,
irrespective
of
any
greater
or
lesser
benefit
that
28
may
have
been
available
to
the
person
as
a
county
employee.
29
Sec.
15.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
30
effect
July
1,
2014.
31
DIVISION
III
32
INVOLUNTARY
COMMITMENTS
——
PERSONS
WITH
INTELLECTUAL
33
DISABILITIES
34
Sec.
16.
Section
48A.2,
subsection
3,
Code
2013,
is
amended
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to
read
as
follows:
1
3.
“Person
who
is
incompetent
to
vote”
means
a
person
with
an
2
intellectual
disability
who
has
been
found
to
lack
the
mental
3
capacity
to
vote
in
a
proceeding
held
pursuant
to
section
4
222.31
or
633.556
.
5
Sec.
17.
Section
222.6,
Code
2013,
is
amended
to
read
as
6
follows:
7
222.6
State
districts.
8
The
administrator
shall
divide
the
state
into
two
districts
9
in
such
manner
that
one
of
the
resource
centers
shall
be
10
located
within
each
of
the
districts.
Such
districts
may
11
from
time
to
time
be
changed.
After
such
districts
have
12
been
established,
the
administrator
shall
notify
all
boards
13
of
supervisors,
county
auditors,
and
clerks
of
the
district
14
courts
of
the
action.
Thereafter,
unless
the
administrator
15
otherwise
orders,
all
admissions
or
commitments
of
persons
with
16
an
intellectual
disability
from
a
district
shall
be
to
the
17
resource
center
located
within
such
district.
18
Sec.
18.
Section
222.12,
subsection
2,
Code
2013,
is
amended
19
to
read
as
follows:
20
2.
Notice
of
the
death
of
the
patient,
and
the
cause
of
21
death,
shall
be
sent
to
the
county
board
of
supervisors
and
to
22
the
judge
of
the
court
that
had
jurisdiction
over
a
committed
23
patient
.
The
fact
of
death
with
the
time,
place,
and
alleged
24
cause
shall
be
entered
upon
the
docket
of
the
court.
25
Sec.
19.
Section
222.15,
subsection
3,
Code
2013,
is
amended
26
by
striking
the
subsection.
27
Sec.
20.
Section
222.59,
subsection
3,
Code
2013,
is
amended
28
by
striking
the
subsection.
29
Sec.
21.
Section
222.60,
subsection
1,
unnumbered
paragraph
30
1,
Code
2013,
is
amended
to
read
as
follows:
31
All
necessary
and
legal
expenses
for
the
cost
of
admission
32
or
commitment
or
for
the
treatment,
training,
instruction,
33
care,
habilitation,
support
and
transportation
of
persons
with
34
an
intellectual
disability,
as
provided
for
in
the
county
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management
plan
provisions
implemented
pursuant
to
section
1
331.439,
subsection
1
,
in
a
state
resource
center,
or
in
a
2
special
unit,
or
any
public
or
private
facility
within
or
3
without
the
state,
approved
by
the
director
of
the
department
4
of
human
services,
shall
be
paid
by
either:
5
Sec.
22.
Section
222.61,
Code
2013,
is
amended
to
read
as
6
follows:
7
222.61
Legal
settlement
determined.
8
When
a
county
receives
an
application
on
behalf
of
any
person
9
for
admission
to
a
resource
center
or
a
special
unit
or
when
10
a
court
issues
an
order
committing
any
person
to
a
resource
11
center
or
a
special
unit
,
the
board
of
supervisors
shall
12
utilize
the
central
point
of
coordination
process
to
determine
13
and
certify
that
the
legal
settlement
of
the
person
is
in
one
14
of
the
following:
15
1.
In
the
county
in
which
the
application
is
received
or
16
court
is
located
.
17
2.
In
some
other
county
of
the
state.
18
3.
In
another
state
or
in
a
foreign
country.
19
4.
Unknown.
20
Sec.
23.
Section
222.64,
Code
2013,
is
amended
to
read
as
21
follows:
22
222.64
Foreign
state
or
country
or
unknown
legal
settlement.
23
If
the
legal
settlement
of
the
person
is
determined
by
the
24
board
of
supervisors
through
the
central
point
of
coordination
25
process
to
be
in
a
foreign
state
or
country
or
is
determined
26
to
be
unknown,
the
board
of
supervisors
shall
certify
the
27
determination
to
the
administrator.
The
certification
shall
28
be
accompanied
by
a
copy
of
the
evidence
supporting
the
29
determination.
The
care
of
the
person
shall
be
as
arranged
by
30
the
board
of
supervisors
or
by
an
order
as
the
court
may
enter.
31
Application
for
admission
or
order
of
commitment
may
be
made
32
pending
investigation
by
the
administrator.
33
Sec.
24.
Section
222.67,
Code
2013,
is
amended
to
read
as
34
follows:
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222.67
Charge
on
finding
of
settlement.
1
If
a
person
has
been
received
into
a
resource
center
or
a
2
special
unit
as
a
patient
whose
legal
settlement
is
supposedly
3
outside
the
state
or
is
unknown
and
the
administrator
4
determines
that
the
legal
settlement
of
the
patient
was
at
the
5
time
of
admission
or
commitment
in
a
county
of
this
state,
6
the
administrator
shall
certify
the
determination
and
charge
7
all
legal
costs
and
expenses
pertaining
to
the
admission
or
8
commitment
and
support
of
the
patient
to
the
county
of
legal
9
settlement.
The
certification
shall
be
sent
to
the
county
10
of
legal
settlement.
The
certification
shall
be
accompanied
11
by
a
copy
of
the
evidence
supporting
the
determination.
If
12
the
person’s
legal
settlement
status
has
been
determined
in
13
accordance
with
section
225C.8
,
the
legal
costs
and
expenses
14
shall
be
charged
to
the
county
or
as
a
state
case
in
accordance
15
with
that
determination.
The
costs
and
expenses
shall
be
16
collected
as
provided
by
law
in
other
cases.
17
Sec.
25.
Section
222.68,
Code
2013,
is
amended
to
read
as
18
follows:
19
222.68
Costs
paid
in
first
instance.
20
All
necessary
and
legal
expenses
for
the
cost
of
admission
or
21
commitment
of
a
person
to
a
resource
center
or
a
special
unit
22
when
the
person’s
legal
settlement
is
found
to
be
in
another
23
county
of
this
state
shall
in
the
first
instance
be
paid
by
the
24
county
from
which
the
person
was
admitted
or
committed
.
The
25
county
of
legal
settlement
shall
reimburse
the
county
which
26
pays
for
all
such
expenses.
Where
any
county
fails
to
make
27
such
reimbursement
within
forty-five
days
following
submission
28
of
a
properly
itemized
bill
to
the
county
of
legal
settlement,
29
a
penalty
of
not
greater
than
one
percent
per
month
on
and
30
after
forty-five
days
from
submission
of
the
bill
may
be
added
31
to
the
amount
due.
32
Sec.
26.
Section
222.69,
Code
2013,
is
amended
to
read
as
33
follows:
34
222.69
Payment
by
state.
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406
All
necessary
and
legal
expenses
for
the
cost
of
admission
1
or
commitment
of
a
person
to
a
resource
center
or
a
special
2
unit
when
the
person’s
legal
settlement
is
outside
this
state
3
or
is
unknown
shall
be
paid
out
of
any
money
in
the
state
4
treasury
not
otherwise
appropriated.
Such
payments
shall
be
5
made
on
itemized
vouchers
executed
by
the
auditor
of
the
county
6
from
which
the
expenses
have
been
paid
and
approved
by
the
7
administrator.
8
Sec.
27.
Section
222.70,
Code
2013,
is
amended
to
read
as
9
follows:
10
222.70
Legal
settlement
disputes.
11
If
a
dispute
arises
between
counties
or
between
the
12
department
and
a
county
as
to
the
legal
settlement
of
a
person
13
admitted
or
committed
to
a
resource
center,
a
special
unit,
or
14
a
community-based
service,
the
dispute
shall
be
resolved
as
15
provided
in
section
225C.8
.
16
Sec.
28.
Section
222.78,
Code
2013,
is
amended
to
read
as
17
follows:
18
222.78
Parents
and
others
liable
for
support.
19
The
father
and
mother
of
any
patient
admitted
or
committed
to
20
a
resource
center
or
to
a
special
unit,
as
either
an
inpatient
21
or
an
outpatient,
and
any
person,
firm,
or
corporation
bound
22
by
contract
made
for
support
of
the
patient
are
liable
for
the
23
support
of
the
patient.
The
patient
and
those
legally
bound
24
for
the
support
of
the
patient
shall
be
liable
to
the
county
25
for
all
sums
advanced
by
the
county
to
the
state
under
the
26
provisions
of
sections
222.60
and
222.77
.
The
liability
of
27
any
person,
other
than
the
patient,
who
is
legally
bound
for
28
the
support
of
a
patient
who
is
under
eighteen
years
of
age
29
in
a
resource
center
or
a
special
unit
shall
not
exceed
the
30
average
minimum
cost
of
the
care
of
a
normally
intelligent
31
minor
without
a
disability
of
the
same
age
and
sex
as
the
32
minor
patient.
The
administrator
shall
establish
the
scale
33
for
this
purpose
but
the
scale
shall
not
exceed
the
standards
34
for
personal
allowances
established
by
the
state
division
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under
the
family
investment
program.
The
father
or
mother
1
shall
incur
liability
only
during
any
period
when
the
father
2
or
mother
either
individually
or
jointly
receive
a
net
income
3
from
whatever
source,
commensurate
with
that
upon
which
they
4
would
be
liable
to
make
an
income
tax
payment
to
this
state.
5
The
father
or
mother
of
a
patient
shall
not
be
liable
for
the
6
support
of
the
patient
upon
the
patient
attaining
eighteen
7
years
of
age.
Nothing
in
this
section
shall
be
construed
to
8
prevent
a
relative
or
other
person
from
voluntarily
paying
the
9
full
actual
cost
as
established
by
the
administrator
for
caring
10
for
the
patient
with
an
intellectual
disability.
11
Sec.
29.
Section
222.80,
Code
2013,
is
amended
to
read
as
12
follows:
13
222.80
Liability
to
county.
14
A
person
admitted
or
committed
to
a
county
institution
15
or
home
or
admitted
or
committed
at
county
expense
to
a
16
private
hospital,
sanitarium,
or
other
facility
for
treatment,
17
training,
instruction,
care,
habilitation,
and
support
as
a
18
patient
with
an
intellectual
disability
shall
be
liable
to
the
19
county
for
the
reasonable
cost
of
the
support
as
provided
in
20
section
222.78
.
21
Sec.
30.
Section
222.91,
Code
2013,
is
amended
to
read
as
22
follows:
23
222.91
Direct
referral
to
special
unit.
24
In
addition
to
any
other
manner
of
referral
,
or
admission
,
or
25
commitment
to
the
special
unit
provided
for
by
this
chapter
,
26
persons
may
be
referred
directly
to
the
special
unit
by
courts,
27
law
enforcement
agencies,
or
state
penal
or
correctional
28
institutions
for
services
under
subsection
2
of
section
222.88
,
29
subsection
2,
;
but
persons
so
referred
shall
not
be
admitted
30
or
committed
unless
a
preadmission
diagnostic
evaluation
31
indicates
that
the
person
would
benefit
from
such
services,
32
and
the
admission
or
commitment
of
the
person
to
the
special
33
unit
would
not
cause
the
special
unit’s
patient
load
to
exceed
34
its
capacity.
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Sec.
31.
Section
232.51,
Code
2013,
is
amended
to
read
as
1
follows:
2
232.51
Disposition
of
child
with
mental
illness
or
an
3
intellectual
disability
.
4
1.
If
the
evidence
received
at
an
adjudicatory
or
a
5
dispositional
hearing
indicates
that
the
child
is
mentally
6
ill,
the
court
may
direct
the
juvenile
court
officer
or
the
7
department
to
initiate
proceedings
or
to
assist
the
child’s
8
parent
or
guardian
to
initiate
civil
commitment
proceedings
in
9
the
juvenile
court
and
such
proceedings
in
the
juvenile
court
10
shall
adhere
to
the
requirements
of
chapter
229
.
11
2.
If
the
evidence
received
at
an
adjudicatory
or
a
12
dispositional
hearing
indicates
that
the
child
has
an
13
intellectual
disability,
the
court
may
direct
the
juvenile
14
court
officer
or
the
department
to
initiate
proceedings
15
or
to
assist
the
child’s
parent
or
guardian
to
initiate
16
civil
commitment
proceedings
in
the
juvenile
court
and
such
17
proceedings
shall
adhere
to
the
requirements
of
chapter
222
.
18
3.
2.
a.
If
prior
to
the
adjudicatory
or
dispositional
19
hearing
on
the
pending
delinquency
petition,
the
child
is
20
committed
as
a
child
with
a
mental
illness
or
an
intellectual
21
disability
and
is
ordered
into
a
residential
facility,
22
institution,
or
hospital
for
inpatient
treatment,
the
23
delinquency
proceeding
shall
be
suspended
until
such
time
as
24
the
juvenile
court
either
terminates
the
civil
commitment
25
order
or
the
child
is
released
from
the
residential
facility,
26
institution,
or
hospital
for
purposes
of
receiving
outpatient
27
treatment.
28
b.
During
any
time
that
the
delinquency
proceeding
is
29
suspended
pursuant
to
this
subsection,
any
time
limits
for
30
speedy
adjudicatory
hearings
and
continuances
shall
be
tolled.
31
c.
This
subsection
shall
not
apply
to
waiver
hearings
held
32
pursuant
to
section
232.45
.
33
Sec.
32.
Section
331.756,
subsection
42,
Code
2013,
is
34
amended
by
striking
the
subsection.
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Sec.
33.
Section
602.8102,
subsections
36
and
37,
Code
2013,
1
are
amended
by
striking
the
subsections.
2
Sec.
34.
REPEAL.
Sections
222.16
through
222.33,
sections
3
222.36
through
222.49,
section
222.51,
and
sections
222.54
4
through
222.58,
Code
2013,
are
repealed.
5
Sec.
35.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
6
effect
July
1,
2014.
7
DIVISION
IV
8
INVOLUNTARY
COMMITMENTS
——
9
SUBSTANCE-RELATED
DISORDERS
AND
MENTAL
ILLNESS
10
Sec.
36.
NEW
SECTION
.
125.74A
Preapplication
screening
11
assessment
——
program.
12
Prior
to
filing
an
application
pursuant
to
section
125.75,
13
the
clerk
of
the
district
court
or
the
clerk’s
designee
shall
14
inform
the
interested
person
referred
to
in
section
125.75
15
about
the
option
of
requesting
a
preapplication
screening
16
assessment
through
a
preapplication
screening
assessment
17
program,
if
available.
The
state
court
administrator
shall
18
prescribe
practices
and
procedures
for
implementation
of
the
19
preapplication
screening
assessment
program.
20
Sec.
37.
Section
125.75,
Code
2013,
is
amended
to
read
as
21
follows:
22
125.75
Involuntary
commitment
or
treatment
——
application
23
Application
.
24
1.
Proceedings
for
the
involuntary
commitment
or
treatment
25
of
a
person
with
a
substance-related
disorder
to
a
facility
26
pursuant
to
this
chapter
or
for
the
involuntary
hospitalization
27
of
a
person
pursuant
to
chapter
229
may
be
commenced
by
28
the
county
attorney
or
an
any
interested
person
by
filing
a
29
verified
application
with
the
clerk
of
the
district
court
of
30
the
county
where
the
respondent
is
presently
located
or
which
31
is
the
respondent’s
place
of
residence.
The
clerk
or
the
32
clerk’s
designee
shall
assist
the
applicant
in
completing
the
33
application.
34
2.
The
application
shall:
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1.
a.
State
the
applicant’s
belief
that
the
respondent
is
a
1
person
with
a
substance-related
disorder.
who
presents
a
danger
2
to
self
or
others
and
lacks
judgmental
capacity
due
to
either
3
of
the
following:
4
(1)
A
substance-related
disorder
as
defined
in
section
5
125.2.
6
(2)
A
serious
mental
impairment
as
defined
in
section
229.1.
7
2.
b.
State
any
other
pertinent
facts
in
support
of
each
8
belief
described
in
paragraph
“a”
.
9
3.
c.
Be
accompanied
by
one
or
more
of
the
following:
10
a.
(1)
A
written
statement
of
a
licensed
physician
in
11
support
of
the
application.
12
b.
(2)
One
or
more
supporting
affidavits
corroborating
the
13
application.
14
c.
(3)
Corroborative
information
obtained
and
reduced
to
15
writing
by
the
clerk
or
the
clerk’s
designee,
but
only
when
16
circumstances
make
it
infeasible
to
obtain,
or
when
the
clerk
17
considers
it
appropriate
to
supplement,
the
information
under
18
either
paragraph
“a”
subparagraph
(1)
or
paragraph
“b”
(2)
.
19
3.
Prior
to
the
filing
of
an
application
pursuant
to
this
20
section,
the
clerk
or
the
clerk’s
designee
shall
inform
the
21
interested
person
referred
to
in
subsection
1
about
the
option
22
of
requesting
a
preapplication
screening
assessment
pursuant
23
to
section
125.74A.
24
4.
The
supreme
court
shall
prescribe
rules
and
establish
25
forms
as
necessary
to
carry
out
the
provisions
of
this
section.
26
Sec.
38.
Section
125.75A,
Code
2013,
is
amended
to
read
as
27
follows:
28
125.75A
Involuntary
commitment
or
treatment
of
proceedings
——
29
minors
——
jurisdiction.
30
The
juvenile
court
has
exclusive
original
jurisdiction
in
31
proceedings
concerning
a
minor
for
whom
an
application
for
32
involuntary
commitment
or
treatment
is
filed
under
section
33
125.75
.
In
proceedings
under
this
division
concerning
a
34
minor’s
involuntary
commitment
or
treatment,
the
term
“court”
,
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“judge”
,
or
“clerk”
means
the
juvenile
court,
judge,
or
clerk.
1
Sec.
39.
Section
125.77,
Code
2013,
is
amended
to
read
as
2
follows:
3
125.77
Service
of
notice.
4
Upon
the
filing
of
an
application
for
involuntary
commitment
5
pursuant
to
section
125.75
,
the
clerk
shall
docket
the
case
6
and
immediately
notify
a
district
court
judge,
a
district
7
associate
judge,
or
magistrate
who
is
admitted
to
the
practice
8
of
law
in
this
state,
who
shall
review
the
application
and
9
accompanying
documentation.
The
clerk
shall
send
copies
of
10
the
application
and
supporting
documentation,
together
with
11
the
notice
informing
the
respondent
of
the
procedures
required
12
by
this
division
,
to
the
sheriff,
for
immediate
service
upon
13
the
respondent.
If
the
respondent
is
taken
into
custody
under
14
section
125.81
,
service
of
the
application,
documentation,
15
and
notice
upon
the
respondent
shall
be
made
at
the
time
the
16
respondent
is
taken
into
custody.
17
Sec.
40.
Section
125.78,
unnumbered
paragraph
1,
Code
2013,
18
is
amended
to
read
as
follows:
19
As
soon
as
practical
after
the
filing
of
an
application
for
20
involuntary
commitment
or
treatment
pursuant
to
section
125.75
,
21
the
court
shall:
22
Sec.
41.
Section
125.79,
Code
2013,
is
amended
to
read
as
23
follows:
24
125.79
Respondent’s
attorney
informed.
25
The
court
shall
direct
the
clerk
to
furnish
at
once
to
26
the
respondent’s
attorney,
copies
of
the
application
for
27
involuntary
commitment
of
the
respondent
pursuant
to
section
28
125.75
and
the
supporting
documentation,
and
of
the
court’s
29
order
issued
pursuant
to
section
125.78,
subsection
3
.
If
the
30
respondent
is
taken
into
custody
under
section
125.81
,
the
31
attorney
shall
also
be
advised
of
that
fact.
The
respondent’s
32
attorney
shall
represent
the
respondent
at
all
stages
of
the
33
proceedings
and
shall
attend
the
commitment
hearing.
34
Sec.
42.
Section
229.5,
Code
2013,
is
amended
to
read
as
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follows:
1
229.5
Departure
without
notice.
2
If
a
voluntary
patient
departs
from
the
hospital
without
3
notice,
and
in
the
opinion
of
the
chief
medical
officer
the
4
patient
is
seriously
mentally
impaired,
the
chief
medical
5
officer
may
file
an
application
for
involuntary
hospitalization
6
of
on
the
departed
voluntary
patient
pursuant
to
section
229.6
,
7
and
request
that
an
order
for
immediate
custody
be
entered
by
8
the
court
pursuant
to
section
229.11
.
9
Sec.
43.
Section
229.5A,
Code
2013,
is
amended
to
read
as
10
follows:
11
229.5A
Preapplication
screening
assessment
——
program.
12
Prior
to
filing
an
application
for
involuntary
13
hospitalization
pursuant
to
section
229.6
,
the
clerk
of
14
the
district
court
or
the
clerk’s
designee
shall
inform
the
15
interested
person
referred
to
in
section
229.6,
subsection
16
1
,
about
the
option
of
requesting
a
preapplication
screening
17
assessment
through
a
preapplication
screening
assessment
18
program
,
if
available
.
The
state
court
administrator
shall
19
prescribe
practices
and
procedures
for
implementation
of
the
20
preapplication
screening
assessment
program.
21
Sec.
44.
Section
229.6,
Code
2013,
is
amended
to
read
as
22
follows:
23
229.6
Application
for
order
of
involuntary
hospitalization.
24
1.
Proceedings
for
the
involuntary
hospitalization
of
an
25
individual
pursuant
to
this
chapter
or
for
the
involuntary
26
commitment
or
treatment
of
a
person
with
a
substance-related
27
disorder
to
a
facility
pursuant
to
chapter
125
may
be
commenced
28
by
any
interested
person
by
filing
a
verified
application
29
with
the
clerk
of
the
district
court
of
the
county
where
the
30
respondent
is
presently
located,
or
which
is
the
respondent’s
31
place
of
residence.
The
clerk,
or
the
clerk’s
designee,
shall
32
assist
the
applicant
in
completing
the
application.
33
2.
The
application
shall:
34
a.
State
the
applicant’s
belief
that
the
respondent
is
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seriously
mentally
impaired.
a
person
who
presents
a
danger
to
1
self
or
others
and
lacks
judgmental
capacity
due
to
either
of
2
the
following:
3
(1)
A
substance-related
disorder
as
defined
in
section
4
125.2.
5
(2)
A
serious
mental
impairment
as
defined
in
section
229.1.
6
b.
State
any
other
pertinent
facts
in
support
of
each
belief
7
described
in
paragraph
“a”
.
8
c.
Be
accompanied
by
any
of
the
following:
9
(1)
A
written
statement
of
a
licensed
physician
in
support
10
of
the
application.
11
(2)
One
or
more
supporting
affidavits
otherwise
12
corroborating
the
application.
13
(3)
Corroborative
information
obtained
and
reduced
to
14
writing
by
the
clerk
or
the
clerk’s
designee,
but
only
when
15
circumstances
make
it
infeasible
to
comply
with,
or
when
the
16
clerk
considers
it
appropriate
to
supplement
the
information
17
supplied
pursuant
to,
either
subparagraph
(1)
or
(2).
18
2.
3.
Prior
to
the
filing
of
an
application
pursuant
to
19
this
section
,
the
clerk
or
the
clerk’s
designee
shall
inform
20
the
interested
person
referred
to
in
subsection
1
about
the
21
option
of
requesting
a
preapplication
screening
assessment
22
pursuant
to
section
229.5A
.
23
4.
The
supreme
court
shall
prescribe
rules
and
establish
24
forms
as
necessary
to
carry
out
the
provisions
of
this
section.
25
Sec.
45.
Section
229.6A,
subsection
1,
Code
2013,
is
amended
26
to
read
as
follows:
27
1.
Notwithstanding
section
229.11
,
the
juvenile
court
has
28
exclusive
original
jurisdiction
in
proceedings
concerning
29
a
minor
for
whom
an
application
for
involuntary
admission
30
is
filed
under
section
229.6
or
for
whom
an
application
for
31
voluntary
admission
is
made
under
section
229.2,
subsection
1
,
32
to
which
the
minor
objects.
In
proceedings
under
this
chapter
33
concerning
a
minor,
notwithstanding
section
229.11
,
the
term
34
“court”
,
“judge”
,
or
“clerk”
means
the
juvenile
court,
judge,
or
35
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clerk.
1
Sec.
46.
Section
229.7,
Code
2013,
is
amended
to
read
as
2
follows:
3
229.7
Service
of
notice
upon
respondent.
4
Upon
the
filing
of
an
application
for
involuntary
5
hospitalization
pursuant
to
section
229.6
,
the
clerk
shall
6
docket
the
case
and
immediately
notify
a
district
court
judge,
7
district
associate
judge,
or
magistrate
who
is
admitted
to
the
8
practice
of
law
in
this
state,
who
shall
review
the
application
9
and
accompanying
documentation.
If
the
application
is
adequate
10
as
to
form,
the
court
may
set
a
time
and
place
for
a
hearing
11
on
the
application,
if
feasible,
but
the
hearing
shall
not
be
12
held
less
than
forty-eight
hours
after
notice
to
the
respondent
13
unless
the
respondent
waives
such
minimum
prior
notice
14
requirement.
The
court
shall
direct
the
clerk
to
send
copies
15
of
the
application
and
supporting
documentation,
together
with
16
a
notice
informing
the
respondent
of
the
procedures
required
17
by
this
chapter
,
to
the
sheriff
or
the
sheriff’s
deputy
for
18
immediate
service
upon
the
respondent.
If
the
respondent
19
is
taken
into
custody
under
section
229.11
,
service
of
the
20
application,
documentation
and
notice
upon
the
respondent
shall
21
be
made
at
the
time
the
respondent
is
taken
into
custody.
22
Sec.
47.
Section
229.8,
unnumbered
paragraph
1,
Code
2013,
23
is
amended
to
read
as
follows:
24
As
soon
as
practicable
after
the
filing
of
an
application
25
for
involuntary
hospitalization
pursuant
to
section
229.6
,
the
26
court
shall:
27
Sec.
48.
Section
229.9,
Code
2013,
is
amended
to
read
as
28
follows:
29
229.9
Respondent’s
attorney
informed.
30
The
court
shall
direct
the
clerk
to
furnish
at
once
to
the
31
respondent’s
attorney
copies
of
the
application
for
involuntary
32
hospitalization
of
the
respondent
filed
pursuant
to
section
33
229.6
and
the
supporting
documentation,
and
of
the
court’s
34
order
issued
pursuant
to
section
229.8,
subsection
3
.
If
the
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respondent
is
taken
into
custody
under
section
229.11
,
the
1
attorney
shall
also
be
advised
of
that
fact.
The
respondent’s
2
attorney
shall
represent
the
respondent
at
all
stages
of
the
3
proceedings,
and
shall
attend
the
hospitalization
hearing.
4
Sec.
49.
Section
229.21,
subsection
2,
Code
2013,
is
amended
5
to
read
as
follows:
6
2.
When
an
application
for
involuntary
hospitalization
7
under
this
chapter
or
an
application
for
involuntary
commitment
8
or
treatment
of
persons
with
substance-related
disorders
under
9
sections
section
229.6
or
125.75
to
125.94
is
filed
with
the
10
clerk
of
the
district
court
in
any
county
for
which
a
judicial
11
hospitalization
referee
has
been
appointed,
and
no
district
12
judge,
district
associate
judge,
or
magistrate
who
is
admitted
13
to
the
practice
of
law
in
this
state
is
accessible,
the
clerk
14
shall
immediately
notify
the
referee
in
the
manner
required
by
15
section
229.7
or
section
125.77
.
The
referee
shall
discharge
16
all
of
the
duties
imposed
upon
the
court
by
sections
229.7
17
to
229.22
or
sections
125.75
to
125.94
in
the
proceeding
so
18
initiated.
Subject
to
the
provisions
of
subsection
4
,
orders
19
issued
by
a
referee,
in
discharge
of
duties
imposed
under
20
this
section
,
shall
have
the
same
force
and
effect
as
if
21
ordered
by
a
district
judge.
However,
any
commitment
to
a
22
facility
regulated
and
operated
under
chapter
135C
shall
be
in
23
accordance
with
section
135C.23
.
24
Sec.
50.
Section
229.22,
subsection
3,
Code
2013,
is
amended
25
to
read
as
follows:
26
3.
The
chief
medical
officer
of
the
facility
or
hospital
27
shall
examine
and
may
detain
and
care
for
the
person
taken
28
into
custody
under
the
magistrate’s
order
for
a
period
not
29
to
exceed
forty-eight
hours
from
the
time
such
order
is
30
dated,
excluding
Saturdays,
Sundays
and
holidays,
unless
the
31
order
is
sooner
dismissed
by
a
magistrate.
The
facility
or
32
hospital
may
provide
treatment
which
is
necessary
to
preserve
33
the
person’s
life,
or
to
appropriately
control
behavior
by
34
the
person
which
is
likely
to
result
in
physical
injury
to
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the
person’s
self
or
others
if
allowed
to
continue,
but
may
1
not
otherwise
provide
treatment
to
the
person
without
the
2
person’s
consent.
The
person
shall
be
discharged
from
the
3
facility
or
hospital
and
released
from
custody
not
later
than
4
the
expiration
of
that
period,
unless
an
application
for
the
5
person’s
involuntary
hospitalization
is
sooner
filed
with
the
6
clerk
pursuant
to
section
229.6
.
Prior
to
such
discharge
the
7
facility
or
hospital
shall,
if
required
by
this
section
,
notify
8
the
law
enforcement
agency
requesting
such
notification
about
9
the
discharge
of
the
person.
The
law
enforcement
agency
shall
10
retrieve
the
person
no
later
than
six
hours
after
notification
11
from
the
facility
or
hospital
but
in
no
circumstances
shall
the
12
detention
of
the
person
exceed
the
period
of
time
prescribed
13
for
detention
by
this
subsection
.
The
detention
of
any
14
person
by
the
procedure
and
not
in
excess
of
the
period
of
15
time
prescribed
by
this
section
shall
not
render
the
peace
16
officer,
physician,
facility,
or
hospital
so
detaining
that
17
person
liable
in
a
criminal
or
civil
action
for
false
arrest
or
18
false
imprisonment
if
the
peace
officer,
physician,
facility,
19
or
hospital
had
reasonable
grounds
to
believe
the
person
so
20
detained
was
mentally
ill
and
likely
to
physically
injure
21
the
person’s
self
or
others
if
not
immediately
detained,
or
22
if
the
facility
or
hospital
was
required
to
notify
a
law
23
enforcement
agency
by
this
section
,
and
the
law
enforcement
24
agency
requesting
notification
prior
to
discharge
retrieved
the
25
person
no
later
than
six
hours
after
the
notification,
and
the
26
detention
prior
to
the
retrieval
of
the
person
did
not
exceed
27
the
period
of
time
prescribed
for
detention
by
this
subsection
.
28
Sec.
51.
Section
229.24,
subsection
1,
Code
2013,
is
amended
29
to
read
as
follows:
30
1.
All
papers
and
records
pertaining
to
any
involuntary
31
hospitalization
or
application
for
involuntary
hospitalization
32
pursuant
to
section
229.6
of
any
person
under
this
chapter
,
33
whether
part
of
the
permanent
record
of
the
court
or
of
a
file
34
in
the
department
of
human
services,
are
subject
to
inspection
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only
upon
an
order
of
the
court
for
good
cause
shown.
1
Sec.
52.
Section
229.27,
subsection
2,
Code
2013,
is
amended
2
to
read
as
follows:
3
2.
The
applicant
may,
in
initiating
a
petition
for
4
involuntary
hospitalization
of
a
person
under
section
229.6
or
5
at
any
subsequent
time
prior
to
conclusion
of
the
involuntary
6
hospitalization
proceeding,
also
petition
the
court
for
a
7
finding
that
the
person
is
incompetent
by
reason
of
mental
8
illness.
The
test
of
competence
for
the
purpose
of
this
9
section
shall
be
whether
the
person
possesses
sufficient
mind
10
to
understand
in
a
reasonable
manner
the
nature
and
effect
11
of
the
act
in
which
the
person
is
engaged;
the
fact
that
a
12
person
is
mentally
ill
and
in
need
of
treatment
for
that
13
illness
but
because
of
the
illness
lacks
sufficient
judgment
14
to
make
responsible
decisions
with
respect
to
the
person’s
15
hospitalization
or
treatment
does
not
necessarily
mean
that
16
that
person
is
incapable
of
transacting
business
on
any
17
subject.
18
Sec.
53.
Section
602.1209,
subsection
16,
Code
2013,
is
19
amended
to
read
as
follows:
20
16.
Prescribe
practices
and
procedures
for
the
21
implementation
of
the
preapplication
screening
assessment
22
program
referred
to
in
section
sections
125.75A
and
229.5A
.
23
Sec.
54.
REPEAL.
Sections
125.75B
and
229.2A,
Code
2013,
24
are
repealed.
25
Sec.
55.
STUDY
——
BED
AVAILABILITY
TRACKING
SYSTEM.
The
26
department
of
human
services
shall
conduct
a
study
regarding
27
the
possible
development
of
a
hospital
bed
tracking
system
in
28
order
to
most
efficiently
and
effectively
serve
the
needs
of
29
persons
suffering
from
mental
illness.
The
department
shall
30
submit
a
report
of
the
study
and
make
recommendations
to
the
31
governor
and
the
general
assembly
by
December
16,
2013.
32
EXPLANATION
33
DIVISION
I
——
DEPARTMENTAL
RESPONSIBILITY
FOR
MENTAL
HEALTH
34
ADVOCATES.
This
division
establishes
an
office
of
mental
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health
advocate
in
the
department
of
human
rights
and
specifies
1
duties
for
the
administrator
of
the
office.
A
transition
2
provision
directs
the
department
to
commence
organizational
3
activities
during
FY
2013-2014
as
necessary
to
fully
implement
4
the
new
departmental
office
and
all
of
the
bill’s
division
5
II
provisions
on
July
1,
2014.
The
department
is
granted
6
emergency
rulemaking
authority
if
necessary
to
achieve
the
7
implementation
date.
8
This
division
takes
effect
July
1,
2013.
9
DIVISION
II
——
IMPLEMENTATION.
This
division
provides
for
10
implementation
of
the
change
in
administration
of
the
mental
11
health
advocates
on
July
1,
2014,
including
conforming
changes
12
to
various
Code
sections.
13
Code
section
225C.4,
relating
to
the
duties
of
the
14
administrator
of
the
mental
health
and
disability
services
15
division
of
the
department
of
human
services,
is
amended
16
to
correct
a
reference
to
mental
health
advocates
and
to
17
include
the
department
of
human
rights
in
a
duty
for
providing
18
consultation
and
technical
assistance
to
advocates.
19
Code
section
226.31,
relating
to
an
application
for
a
court
20
order
for
transfer
of
a
dangerous
patient
from
a
state
mental
21
health
institute,
is
amended
to
correct
a
reference
to
the
22
advocate
to
be
included
in
a
notice
of
a
hearing.
23
Code
section
229.2,
relating
to
admissions
of
juvenile
24
mental
health
patients,
is
amended
to
correct
a
reference
to
25
the
appointment
of
a
mental
health
advocate
for
juveniles
26
involuntarily
committed.
27
Code
section
229.9A,
relating
to
requirements
for
the
clerk
28
of
court
to
notify
a
mental
health
advocate
of
application
29
and
order
information,
is
amended
to
correct
a
reference
to
30
the
advocate,
to
eliminate
a
reference
to
county
of
legal
31
settlement,
and
to
authorize
the
advocate
to
attend
any
court
32
hearing
involving
the
respondent.
33
Code
section
229.12,
relating
to
the
procedure
for
34
hospitalization
hearings,
is
amended
to
correct
a
reference
to
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the
advocate
and
to
eliminate
a
reference
to
county
of
legal
1
settlement.
2
Code
section
229.14A,
relating
to
notice
requirements
3
for
involuntary
commitment
placement
orders
and
transfers,
4
is
amended
to
require
notice
to
correct
a
reference
to
the
5
advocate
and
to
eliminate
a
reference
to
a
procedure
for
6
withdrawal
of
an
attorney
that
is
revised
by
the
bill.
7
Code
section
229.15,
relating
to
the
periodic
reports
8
required
when
hospitalization
of
a
patient
is
continued
by
9
court
order,
is
amended
to
require
the
report
to
be
provided
to
10
the
advocate.
11
Code
section
229.19,
the
primary
Code
provision
for
mental
12
health
advocates,
is
extensively
revised
to
insert
the
new
13
department
of
human
rights’
office
of
mental
health
advocate
14
in
place
of
the
counties.
The
court
is
required
to
notify
15
the
office
when
a
patient
is
found
to
be
seriously
mentally
16
impaired
and
the
office
is
required
to
appoint
the
advocate.
17
A
procedure
for
continuation
of
the
respondent’s
attorney
18
when
a
patient
is
found
to
be
seriously
mentally
impaired
is
19
revised
to
require
the
attorney
to
cooperate
with
the
patient’s
20
advocate
instead
of
assuming
the
duties
of
an
advocate.
21
Responsibility
for
compensation
of
the
mental
health
advocate
22
is
shifted
to
the
office
and
the
office
is
required
to
recover
23
the
costs
of
the
mental
health
advocate
if
the
person
is
not
24
indigent.
25
Code
section
229.25,
relating
to
exceptions
for
release
of
26
medical
records
maintained
by
a
hospital
or
other
treatment
27
facility,
is
amended
to
correct
a
reference
to
the
advocate
28
regarding
the
release
of
the
records
to
the
advocate
when
the
29
patient
has
signed
a
waiver.
30
The
bill
includes
a
transition
section
outlining
sick
time,
31
vacation
leave,
and
health,
life,
and
disability
insurance
32
rights
of
county
employees
who
become
employees
of
the
33
department
of
human
rights
in
accordance
with
the
bill.
34
This
division
takes
effect
July
1,
2014.
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DIVISION
III
——
INVOLUNTARY
COMMITMENTS
——
PERSONS
WITH
1
INTELLECTUAL
DISABILITIES.
Current
Code
chapter
222
contains
2
both
a
voluntary
admission
process
and
an
involuntary
3
commitment
process
to
provide
treatment,
training,
instruction,
4
care,
habilitation,
and
support
of
persons
with
an
intellectual
5
disability.
Current
law
also
provides
that
if
a
guardianship
6
is
proposed
for
a
person
with
an
intellectual
disability,
7
such
proceedings
shall
be
initiated
and
conducted
pursuant
8
to
Code
chapter
633
(provisions
under
probate
code).
This
9
division
repeals
provisions
in
Code
chapter
222
relating
to
10
the
involuntary
commitment
process
and
makes
conforming
Code
11
changes.
This
division
takes
effect
July
1,
2014.
12
DIVISION
IV
——
INVOLUNTARY
COMMITMENTS
——
SUBSTANCE-RELATED
13
DISORDERS
AND
MENTAL
ILLNESS.
14
PREAPPLICATION
SCREENING
ASSESSMENT.
This
division
provides
15
that
prior
to
filing
an
application
for
involuntary
commitment
16
or
treatment
under
Code
chapter
125
(substance-related
17
disorder)
or
for
involuntary
hospitalization
under
Code
chapter
18
229
(mental
illness),
the
clerk
of
the
district
court
or
the
19
clerk’s
designee
shall
inform
the
interested
person
who
intends
20
to
file
the
application
about
the
option
of
requesting
a
21
preapplication
screening
assessment
through
a
preapplication
22
screening
assessment
program,
if
available.
The
state
court
23
administrator
is
required
to
prescribe
practices
and
procedures
24
for
implementation
of
the
preapplication
screening
assessment
25
program.
26
Conforming
Code
changes
are
made
relating
to
the
duties
of
27
the
district
court
clerk
and
the
state
court
administrator.
28
APPLICATION
FOR
INVOLUNTARY
COMMITMENT
OR
TREATMENT
OR
29
INVOLUNTARY
HOSPITALIZATION.
Current
law
provides
for
separate
30
applications
for
the
involuntary
commitment
or
treatment
of
a
31
person
with
a
substance-related
disorder
under
Code
chapter
32
125
and
for
the
involuntary
hospitalization
of
a
person
with
a
33
serious
mental
impairment
under
Code
chapter
229.
The
division
34
combines
both
applications
and
allows
an
interested
person
35
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406
to
file
one
application
under
either
Code
chapter
125
or
229
1
with
the
clerk
of
the
district
court
of
the
county
where
the
2
respondent
is
located
or
where
the
respondent
resides.
The
3
interested
person
is
required
to
state
on
the
application
4
the
person’s
belief
that
the
respondent
presents
a
danger
to
5
self
or
others
and
lacks
judgmental
capacity
due
to
either
a
6
substance-related
disorder
or
a
serious
mental
impairment.
The
7
applicant
must
also
state
facts
in
support
of
each
claim
and,
8
consistent
with
current
law,
provide
a
written
statement
of
a
9
licensed
physician,
one
or
more
supporting
affidavits,
or
any
10
other
corroborative
information
as
determined
by
the
clerk
of
11
the
district
court
in
support
of
the
application.
The
division
12
requires
the
supreme
court
to
adopt
rules
and
establish
forms
13
as
necessary
to
carry
out
the
amended
provisions.
14
The
bill
makes
conforming
changes
by
amending
certain
15
provisions
in
both
Code
chapters
125
and
229
that
make
16
references
to
the
filing
of
separate
commitment
applications
17
and
repeals
provisions
allowing
for
dual
filings
of
both
18
applications.
19
STUDY
——
BED
AVAILABILITY
TRACKING
SYSTEM.
This
division
20
requires
the
department
of
human
services
to
conduct
a
study
21
regarding
the
possible
development
of
a
hospital
bed
tracking
22
system
in
order
to
most
efficiently
and
effectively
serve
23
the
needs
of
persons
suffering
from
mental
illness.
The
24
department
is
required
to
submit
a
report
of
the
study
and
make
25
recommendations
to
the
governor
and
the
general
assembly
by
26
December
16,
2013.
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