229.28 Hospitalization in certain federal facilities.
1. When a court finds that the contention that a respondent is seriously mentally impaired has been sustained or proposes to order continued hospitalization of any person, or an alternative placement, as described under section 229.14, subsection 1, paragraph “b” or “d”, and the court is furnished evidence that the respondent or patient is eligible for care and treatment in a facility operated by the United States department of veterans affairs or another agency of the United States government and that the facility is willing to receive the respondent or patient, the court may so order.
a. The respondent or patient, when so hospitalized or placed in a facility operated by the United States department of veterans affairs or another agency of the United States government within or outside of this state, shall be subject to the rules of the United States department of veterans affairs or other agency, but shall not thereby lose any procedural rights afforded the respondent or patient by this chapter.
b. The chief officer of the facility shall have, with respect to the person so hospitalized or placed, the same powers and duties as the chief medical officer of a hospital in this state would have in regard to submission of reports to the court, retention of custody, transfer, convalescent leave or discharge.
2. Jurisdiction is retained in the court to maintain surveillance of the person’s treatment and care, and at any time to inquire into that person’s mental condition and the need for continued hospitalization or care and custody.
[C27, 31, 35, §3562-b1; C39, §3562.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, §229.20; C77, 79, 81, §229.28]
2001 Acts, ch 155, §39; 2009 Acts, ch 26, §10
Referred to in §229.30
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.