229.39 Status of persons hospitalized under former law.
1. Each person admitted or committed to a hospital for treatment of mental illness on or before December 31, 1975 who remained so hospitalized, or was on convalescent leave or was receiving care in another facility on transfer from such hospitalization, on or after January 1, 1976 shall be considered to have been hospitalized under this chapter, and its provisions shall apply to each such person on and after the effective date of this section, except as otherwise provided by subsection 3.
2. Hospitalization of a person for treatment of mental illness, either voluntary or involuntary, on or before December 31, 1975 does not constitute a finding nor equate with nor raise a presumption of incompetency, nor cause the person hospitalized to be deemed a person of unsound mind nor a person under legal disability for any purpose, including but not limited to the circumstances enumerated in section 229.27, subsection 1. This subsection does not invalidate any specific declaration of incompetence of a person hospitalized if the declaration was made pursuant to a separate procedure authorized by law for that purpose, and did not result automatically from the person’s hospitalization.
3. Where a person was hospitalized involuntarily for treatment of mental illness on or before December 31, 1975 and remained so hospitalized, or was on convalescent leave or was receiving care in another facility on transfer from such hospitalization, on or after January 1, 1976, but was subsequently discharged prior to July 1, 1978, this section shall not be construed to require:
a. The filing after July 1, 1978, of any report relative to that person’s status which would have been required to be filed prior to said date if that person had initially been hospitalized under this chapter as amended by
1975 Iowa Acts, ch. 139, §1 to 30
.
b. That legal proceedings be taken under this chapter, as so amended, to clarify the status of the person so hospitalized, unless that person or the district court considers such proceedings necessary in a particular case to appropriately conclude the matter.
[C79, 81, §229.39]
2011 Acts, ch 34, §56; 2014 Acts, ch 1026, §143
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.