229.2 Application for voluntary admission — authority to receive voluntary patients.
1. a. An application for admission to a public or private hospital for observation, diagnosis, care, and treatment as a voluntary patient may be made by any person who is mentally ill or has symptoms of mental illness.
b. In the case of a minor, the parent, guardian, or custodian may make application for admission of the minor as a voluntary patient.
(1) Upon receipt of an application for voluntary admission of a minor, the chief medical officer shall provide separate prescreening interviews and consultations with the parent, guardian or custodian and the minor to assess the family environment and the appropriateness of the application for admission.
(2) During the interview and consultation the chief medical officer shall inform the minor orally and in writing that the minor has a right to object to the admission. If the chief medical officer of the hospital to which application is made determines that the admission is appropriate but the minor objects to the admission, the parent, guardian or custodian must petition the juvenile court for approval of the admission before the minor is actually admitted.
(3) As soon as is practicable after the filing of a petition for juvenile court approval of the admission of the minor, the juvenile court shall determine whether the minor has an attorney to represent the minor in the hospitalization proceeding, and if not, the court shall assign to the minor an attorney. If the minor is financially unable to pay for an attorney, the attorney shall be compensated by the mental health and disability services region at an hourly rate to be established by the regional administrator for the county in which the proceeding is held in substantially the same manner as provided in section 815.7.
(4) The juvenile court shall determine whether the admission is in the best interest of the minor and is consistent with the minor’s rights.
(5) The juvenile court shall order hospitalization of a minor, over the minor’s objections, only after a hearing in which it is shown by clear and convincing evidence that:
(a) The minor needs and will substantially benefit from treatment.
(b) No other setting which involves less restriction of the minor’s liberties is feasible for the purposes of treatment.
(6) Upon approval of the admission of a minor over the minor’s objections, the juvenile court shall appoint an individual to act as an advocate representing the interests of the minor in the same manner as an advocate representing the interests of patients involuntarily hospitalized pursuant to section 229.19.
2. Upon receiving an application for admission as a voluntary patient, made pursuant to subsection 1:
a. The chief medical officer of a public hospital shall receive and may admit the person whose admission is sought, subject in cases other than medical emergencies to availability of suitable accommodations and to the provisions of sections 229.41 and 229.42.
b. The chief medical officer of a private hospital may receive and may admit the person whose admission is sought.
[R60, §1480; C73, §1399; C97, §2264; C24, 27, 31, 35, 39, §3544; C46, §229.1; C50, 54, 58, 62, 66, 71, 73, 75, §229.1, 229.41; C77, 79, 81, §229.2]
87 Acts, ch 90, §2; 99 Acts, ch 135, §17; 2009 Acts, ch 41, §263; 2015 Acts, ch 69, §60; 2015 Acts, ch 138, §30, 161, 162
Referred to in §229.4, 229.6A, 229.41, 331.910
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.