229.14A Placement order — notice and hearing.
1. With respect to a chief medical officer’s report made pursuant to section 229.14, subsection 1, paragraph “b”, “c”, or “d”, or any other provision of this chapter related to involuntary commitment for which the court issues a placement order or a transfer of placement is authorized, the court shall provide notice to the respondent and the respondent’s attorney or mental health advocate pursuant to section 229.19 concerning the placement order and the respondent’s right to request a placement hearing to determine if the order for placement or transfer of placement is appropriate.
2. The notice shall provide that a request for a placement hearing must be in writing and filed with the clerk within seven days of issuance of the placement order.
3. A request for a placement hearing may be signed by the respondent, the respondent’s next friend, guardian, or attorney.
4. The court, on its own motion, may order a placement hearing to be held.
5. a. A placement hearing shall be held no sooner than four days and no later than seven days after the request for the placement hearing is filed unless otherwise agreed to by the parties.
b. The respondent may be transferred to the placement designated by the court’s placement order and receive treatment unless a request for hearing is filed prior to the transfer. If the request for a placement hearing is filed prior to the transfer, the court shall determine where the respondent shall be detained and treated until the date of the hearing.
c. If the respondent’s attorney has withdrawn pursuant to section 229.19, the court shall appoint an attorney for the respondent in the manner described in section 229.8, subsection 1.
6. Time periods shall be calculated for the purposes of this section excluding weekends and official holidays.
7. If a respondent’s expenses are payable in whole or in part by a mental health and disability services region through the regional administrator for the county, notice of a placement hearing shall be provided to the county attorney and the regional administrator. At the hearing, the county may present evidence regarding appropriate placement.
8. In a placement hearing, the court shall determine a placement for the respondent in accordance with the requirements of section 229.23, taking into consideration the evidence presented by all the parties.
9. A placement made pursuant to an order entered under section 229.13 or 229.14 or this section shall be considered to be authorized through the regional administrator for the county.
2001 Acts, ch 155, §33, 40; 2004 Acts, ch 1090, §33; 2015 Acts, ch 69, §66; 2015 Acts, ch 138, §36, 161, 162; 2016 Acts, ch 1073, §80
Referred to in §218.92, 222.7, 225.17, 226.31, 227.11, 227.15, 229.6A, 229.13, 229.15, 229.17, 229.21, 229.26, 229.38
Structure Iowa Code
Chapter 229 - HOSPITALIZATION OF PERSONS WITH MENTAL ILLNESS
Section 229.1A - Legislative intent.
Section 229.1B - Regional administrator.
Section 229.2 - Application for voluntary admission — authority to receive voluntary patients.
Section 229.2A - Dual filings.
Section 229.3 - Discharge of voluntary patients.
Section 229.4 - Right to release on application.
Section 229.5 - Departure without notice.
Section 229.5A - Preapplication screening assessment — program.
Section 229.6 - Application for order of involuntary hospitalization.
Section 229.6A - Hospitalization of minors — jurisdiction — due process.
Section 229.7 - Service of notice upon respondent.
Section 229.8 - Procedure after application is filed.
Section 229.9 - Respondent’s attorney informed.
Section 229.9A - Advocate informed.
Section 229.10 - Physicians’ or mental health professionals’ examination — report.
Section 229.11 - Judge may order immediate custody.
Section 229.12 - Hearing procedure.
Section 229.13 - Evaluation order — treatment — unauthorized departure or failure to appear.
Section 229.14 - Chief medical officer’s report.
Section 229.14A - Placement order — notice and hearing.
Section 229.14B - Escape from custody.
Section 229.15 - Periodic reports required.
Section 229.16 - Discharge and termination of proceeding.
Section 229.17 - Status of respondent during appeal.
Section 229.18 - Status of respondent if hospitalization is delayed.
Section 229.19 - Advocates — appointment — duties — employment and compensation.
Section 229.21 - Judicial hospitalization referee — appeals to district court.
Section 229.22 - Hospitalization — emergency procedure.
Section 229.23 - Rights and privileges of hospitalized persons.
Section 229.24 - Records of involuntary hospitalization proceeding to be confidential.
Section 229.25 - Medical records to be confidential — exceptions.
Section 229.26 - Exclusive procedure for involuntary hospitalization.
Section 229.28 - Hospitalization in certain federal facilities.
Section 229.29 - Transfer to certain federal facilities.
Section 229.30 - Orders of courts in other states.
Section 229.31 - Commission of inquiry.
Section 229.32 - Duty of commission.
Section 229.34 - Finding and order filed.
Section 229.35 - Compensation — payment.
Section 229.36 - Limitation on proceedings.
Section 229.37 - Habeas corpus.
Section 229.38 - Cruelty or official misconduct.
Section 229.39 - Status of persons hospitalized under former law.
Section 229.40 - Rules for proceedings.
Section 229.41 - Voluntary admission.
Section 229.42 - Costs paid by county.
Section 229.43 - Nonresident patients.
Section 229.45 - Provision of summary of procedures to applicant in involuntary commitment.