229.11 JUDGE MAY ORDER IMMEDIATE CUSTODY.
1. If the applicant requests that the respondent be taken into
immediate custody and the judge, upon reviewing the application and
accompanying documentation, finds probable cause to believe that the
respondent has a serious mental impairment and is likely to injure
the respondent or other persons if allowed to remain at liberty, the
judge may enter a written order directing that the respondent be
taken into immediate custody by the sheriff or the sheriff's deputy
and be detained until the hospitalization hearing. The
hospitalization hearing shall be held no more than five days after
the date of the order, except that if the fifth day after the date of
the order is a Saturday, Sunday, or a holiday, the hearing may be
held on the next succeeding business day. If the expenses of a
respondent are payable in whole or in part by a county, for a
placement in accordance with paragraph "a", the judge shall give
notice of the placement to the central point of coordination process,
and for a placement in accordance with paragraph "b" or "c",
the judge shall order the placement in a hospital or facility
designated through the central point of coordination process. The
judge may order the respondent detained for the period of time until
the hearing is held, and no longer, in accordance with paragraph
"a", if possible, and if not then in accordance with paragraph
"b", or, only if neither of these alternatives is available, in
accordance with paragraph "c". Detention may be:
a. In the custody of a relative, friend or other suitable
person who is willing to accept responsibility for supervision of the
respondent, and the respondent may be placed under such reasonable
restrictions as the judge may order including but not limited to
restrictions on or a prohibition of any expenditure, encumbrance or
disposition of the respondent's funds or property; or
b. In a suitable hospital the chief medical officer of which
shall be informed of the reasons why immediate custody has been
ordered and may provide treatment which is necessary to preserve the
respondent's life, or to appropriately control behavior by the
respondent which is likely to result in physical injury to the
respondent or to others if allowed to continue, but may not otherwise
provide treatment to the respondent without the respondent's consent;
or
c. In the nearest facility in the community which is licensed
to care for persons with mental illness or substance abuse, provided
that detention in a jail or other facility intended for confinement
of those accused or convicted of crime shall not be ordered.
2. The clerk shall furnish copies of any orders to the respondent
and to the applicant if the applicant files a written waiver signed
by the respondent.
229.11 JUDGE MAY ORDER IMMEDIATE CUSTODY.
1. If the applicant requests that the respondent be taken into
immediate custody and the judge, upon reviewing the application and
accompanying documentation, finds probable cause to believe that the
respondent has a serious mental impairment and is likely to injure
the respondent or other persons if allowed to remain at liberty, the
judge may enter a written order directing that the respondent be
taken into immediate custody by the sheriff or the sheriff's deputy
and be detained until the hospitalization hearing. The
hospitalization hearing shall be held no more than five days after
the date of the order, except that if the fifth day after the date of
the order is a Saturday, Sunday, or a holiday, the hearing may be
held on the next succeeding business day. If the expenses of a
respondent are payable in whole or in part by a county, for a
placement in accordance with paragraph "a", the judge shall give
notice of the placement to the central point of coordination process,
and for a placement in accordance with paragraph "b" or "c",
the judge shall order the placement in a hospital or facility
designated through the central point of coordination process. The
judge may order the respondent detained for the period of time until
the hearing is held, and no longer, in accordance with paragraph
"a", if possible, and if not then in accordance with paragraph
"b", or, only if neither of these alternatives is available, in
accordance with paragraph "c". Detention may be:
a. In the custody of a relative, friend or other suitable
person who is willing to accept responsibility for supervision of the
respondent, and the respondent may be placed under such reasonable
restrictions as the judge may order including but not limited to
restrictions on or a prohibition of any expenditure, encumbrance or
disposition of the respondent's funds or property; or
b. In a suitable hospital the chief medical officer of which
shall be informed of the reasons why immediate custody has been
ordered and may provide treatment which is necessary to preserve the
respondent's life, or to appropriately control behavior by the
respondent which is likely to result in physical injury to the
respondent or to others if allowed to continue, but may not otherwise
provide treatment to the respondent without the respondent's consent;
or
c. In the nearest facility in the community which is licensed
to care for persons with mental illness or substance abuse, provided
that detention in a jail or other facility intended for confinement
of those accused or convicted of crime shall not be ordered.
2. The clerk shall furnish copies of any orders to the respondent
and to the applicant if the applicant files a written waiver signed
by the respondent.
229.11 JUDGE MAY ORDER IMMEDIATE CUSTODY.
1. If the applicant requests that the respondent be taken into
immediate custody and the judge, upon reviewing the application and
accompanying documentation, finds probable cause to believe that the
respondent has a serious mental impairment and is likely to injure
the respondent or other persons if allowed to remain at liberty, the
judge may enter a written order directing that the respondent be
taken into immediate custody by the sheriff or the sheriff's deputy
and be detained until the hospitalization hearing. The
hospitalization hearing shall be held no more than five days after
the date of the order, except that if the fifth day after the date of
the order is a Saturday, Sunday, or a holiday, the hearing may be
held on the next succeeding business day. If the expenses of a
respondent are payable in whole or in part by a county, for a
placement in accordance with paragraph "a", the judge shall give
notice of the placement to the central point of coordination process,
and for a placement in accordance with paragraph "b" or "c",
the judge shall order the placement in a hospital or facility
designated through the central point of coordination process. The
judge may order the respondent detained for the period of time until
the hearing is held, and no longer, in accordance with paragraph
"a", if possible, and if not then in accordance with paragraph
"b", or, only if neither of these alternatives is available, in
accordance with paragraph "c". Detention may be:
a. In the custody of a relative, friend or other suitable
person who is willing to accept responsibility for supervision of the
respondent, and the respondent may be placed under such reasonable
restrictions as the judge may order including but not limited to
restrictions on or a prohibition of any expenditure, encumbrance or
disposition of the respondent's funds or property; or
b. In a suitable hospital the chief medical officer of which
shall be informed of the reasons why immediate custody has been
ordered and may provide treatment which is necessary to preserve the
respondent's life, or to appropriately control behavior by the
respondent which is likely to result in physical injury to the
respondent or to others if allowed to continue, but may not otherwise
provide treatment to the respondent without the respondent's consent;
or
c. In the nearest facility in the community which is licensed
to care for persons with mental illness or substance abuse, provided
that detention in a jail or other facility intended for confinement
of those accused or convicted of crime shall not be ordered.
2. The clerk shall furnish copies of any orders to the respondent
and to the applicant if the applicant files a written waiver signed
by the respondent.
