125.75 Application.
1. Proceedings for the involuntary commitment or treatment of a person with a substance-related disorder to a facility pursuant to this chapter or for the involuntary hospitalization of a person pursuant to chapter 229 may be commenced by any interested person by filing a verified application with the clerk of the district court of the county where the respondent is presently located or which is the respondent’s place of residence. The clerk or the clerk’s designee shall assist the applicant in completing the application.
2. The application shall:
a. State the applicant’s belief that the respondent is a person who presents a danger to self or others and lacks judgmental capacity due to either of the following:
(1) A substance-related disorder as defined in section 125.2.
(2) A serious mental impairment as defined in section 229.1.
b. State facts in support of each belief described in paragraph “a”.
c. Be accompanied by one or more of the following:
(1) A written statement of a licensed physician and surgeon or osteopathic physician and surgeon or mental health professional in support of the application.
(2) One or more supporting affidavits corroborating the application.
(3) Corroborative information obtained and reduced to writing by the clerk or the clerk’s designee, but only when circumstances make it infeasible to obtain, or when the clerk considers it appropriate to supplement, the information under either subparagraph (1) or (2).
3. Prior to the filing of an application pursuant to this section, the clerk or the clerk’s designee shall inform the interested person referred to in subsection 1 about the option of requesting a preapplication screening assessment pursuant to section 125.74.
4. The supreme court shall prescribe rules and establish forms as necessary to carry out the provisions of this section.
[C75, 77, §125.19(1, 2); C79, 81, §229.51; 82 Acts, ch 1212, §3]
90 Acts, ch 1085, §13; 2011 Acts, ch 121, §42, 43, 62; 2013 Acts, ch 130, §37; 2017 Acts, ch 34, §5; 2018 Acts, ch 1026, §41
Referred to in §125.2, 125.12, 125.44, 125.74, 125.75A, 125.77, 125.78, 125.79, 125.85, 125.91, 229.21, 331.910
Summary of involuntary commitment procedures available from clerk; see §229.45
Structure Iowa Code
Chapter 125 - SUBSTANCE-RELATED DISORDERS
Section 125.1 - Declaration of policy.
Section 125.3 - Substance abuse program established.
Section 125.7 - Duties of the board.
Section 125.9 - Powers of director.
Section 125.10 - Duties of director.
Section 125.12 - Comprehensive program for treatment — regional facilities.
Section 125.13 - Programs licensed — exceptions.
Section 125.14 - Licenses — renewal — fees.
Section 125.14A - Personnel of a licensed program admitting juveniles.
Section 125.15A - Licensure — emergencies.
Section 125.16 - Transfer of license or change of location prohibited.
Section 125.17 - License suspension or revocation.
Section 125.18 - Hearing before board.
Section 125.19 - Reissuance or reinstatement.
Section 125.21 - Chemical substitutes and antagonists programs.
Section 125.25 - Approval of facility budget.
Section 125.32 - Acceptance for treatment — rules.
Section 125.32A - Discrimination prohibited.
Section 125.33 - Voluntary treatment of persons with substance-related disorders.
Section 125.37 - Records confidential.
Section 125.38 - Rights and privileges of patients.
Section 125.39 - Eligible entities.
Section 125.40 - Criminal laws limitations.
Section 125.41 - Judicial review.
Section 125.43 - Funding at mental health institutes.
Section 125.43A - Prescreening — exception.
Section 125.44 - Agreements with facilities — liability for costs.
Section 125.46 - County of residence determined.
Section 125.48 - List of contracting facilities.
Section 125.54 - Use of funds.
Section 125.58 - Inspection — penalties.
Section 125.59 - Transfer of certain revenue — county program funding.
Section 125.60 - Grant formula.
Section 125.74 - Preapplication screening assessment — program.
Section 125.75A - Involuntary proceedings — minors — jurisdiction.
Section 125.75B - Dual filings.
Section 125.76 - Appointment of counsel for applicant.
Section 125.77 - Service of notice.
Section 125.78 - Procedure after application.
Section 125.79 - Respondent’s attorney informed.
Section 125.81 - Immediate custody.
Section 125.82 - Commitment hearing.
Section 125.83 - Placement for evaluation.
Section 125.83A - Placement in certain federal facilities.
Section 125.84 - Evaluation report.
Section 125.85 - Custody, discharge, and termination of proceeding.
Section 125.86 - Periodic reports required.
Section 125.87 - Status during appeal.
Section 125.88 - Status if commitment delayed.
Section 125.89 - Respondents charged with or convicted of crime.
Section 125.90 - Judicial hospitalization referee.
Section 125.91 - Emergency detention.
Section 125.92 - Rights and privileges of committed persons.