229.12 HEARING PROCEDURE.
1. At the hospitalization hearing, evidence in support of the
contentions made in the application shall be presented by the county
attorney. During the hearing the applicant and the respondent shall
be afforded an opportunity to testify and to present and
cross-examine witnesses, and the court may receive the testimony of
any other interested person. The respondent has the right to be
present at the hearing. If the respondent exercises that right and
has been medicated within twelve hours, or such longer period of time
as the court may designate, prior to the beginning of the hearing or
an adjourned session thereof, the judge shall be informed of that
fact and of the probable effects of the medication upon convening of
the hearing.
2. All persons not necessary for the conduct of the proceeding
shall be excluded, except that the court may admit persons having a
legitimate interest in the proceeding and shall permit the advocate
from the respondent's county of legal settlement to attend the
hearing. Upon motion of the county attorney, the judge may exclude
the respondent from the hearing during the testimony of any
particular witness if the judge determines that witness's testimony
is likely to cause the respondent severe emotional trauma.
3. a. The respondent's welfare shall be paramount and the
hearing shall be conducted in as informal a manner as may be
consistent with orderly procedure, but consistent therewith the issue
shall be tried as a civil matter. Such discovery as is permitted
under the Iowa rules of civil procedure shall be available to the
respondent. The court shall receive all relevant and material
evidence which may be offered and need not be bound by the rules of
evidence. There shall be a presumption in favor of the respondent,
and the burden of evidence in support of the contentions made in the
application shall be upon the applicant.
b. The licensed physician or qualified mental health
professional who examined the respondent shall be present at the
hearing unless the court for good cause finds that the licensed
physician's or qualified mental health professional's presence or
testimony is not necessary. The applicant, respondent, and the
respondent's attorney may waive the presence or the telephonic
appearance of the licensed physician or qualified mental health
professional who examined the respondent and agree to submit as
evidence the written report of the licensed physician or qualified
mental health professional. The respondent's attorney shall inform
the court if the respondent's attorney reasonably believes that the
respondent, due to diminished capacity, cannot make an adequately
considered waiver decision. "Good cause" for finding that the
testimony of the licensed physician or qualified mental health
professional who examined the respondent is not necessary may include
but is not limited to such a waiver. If the court determines that
the testimony of the licensed physician or qualified mental health
professional is necessary, the court may allow the licensed physician
or the qualified mental health professional to testify by telephone.
c. If upon completion of the hearing the court finds that the
contention that the respondent is seriously mentally impaired has not
been sustained by clear and convincing evidence, it shall deny the
application and terminate the proceeding.
4. If the respondent is not taken into custody under section
229.11, but the court subsequently finds good cause to believe that
the respondent is about to depart from the jurisdiction of the court,
the court may order such limited detention of the respondent as is
authorized by section 229.11 and is necessary to insure that the
respondent will not depart from the jurisdiction of the court without
the court's approval until the proceeding relative to the respondent
has been concluded.
5. 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.
229.12 HEARING PROCEDURE.
1. At the hospitalization hearing, evidence in support of the
contentions made in the application shall be presented by the county
attorney. During the hearing the applicant and the respondent shall
be afforded an opportunity to testify and to present and
cross-examine witnesses, and the court may receive the testimony of
any other interested person. The respondent has the right to be
present at the hearing. If the respondent exercises that right and
has been medicated within twelve hours, or such longer period of time
as the court may designate, prior to the beginning of the hearing or
an adjourned session thereof, the judge shall be informed of that
fact and of the probable effects of the medication upon convening of
the hearing.
2. All persons not necessary for the conduct of the proceeding
shall be excluded, except that the court may admit persons having a
legitimate interest in the proceeding and shall permit the advocate
from the respondent's county of legal settlement to attend the
hearing. Upon motion of the county attorney, the judge may exclude
the respondent from the hearing during the testimony of any
particular witness if the judge determines that witness's testimony
is likely to cause the respondent severe emotional trauma.
3. a. The respondent's welfare shall be paramount and the
hearing shall be conducted in as informal a manner as may be
consistent with orderly procedure, but consistent therewith the issue
shall be tried as a civil matter. Such discovery as is permitted
under the Iowa rules of civil procedure shall be available to the
respondent. The court shall receive all relevant and material
evidence which may be offered and need not be bound by the rules of
evidence. There shall be a presumption in favor of the respondent,
and the burden of evidence in support of the contentions made in the
application shall be upon the applicant.
b. The licensed physician or qualified mental health
professional who examined the respondent shall be present at the
hearing unless the court for good cause finds that the licensed
physician's or qualified mental health professional's presence or
testimony is not necessary. The applicant, respondent, and the
respondent's attorney may waive the presence or the telephonic
appearance of the licensed physician or qualified mental health
professional who examined the respondent and agree to submit as
evidence the written report of the licensed physician or qualified
mental health professional. The respondent's attorney shall inform
the court if the respondent's attorney reasonably believes that the
respondent, due to diminished capacity, cannot make an adequately
considered waiver decision. "Good cause" for finding that the
testimony of the licensed physician or qualified mental health
professional who examined the respondent is not necessary may include
but is not limited to such a waiver. If the court determines that
the testimony of the licensed physician or qualified mental health
professional is necessary, the court may allow the licensed physician
or the qualified mental health professional to testify by telephone.
c. If upon completion of the hearing the court finds that the
contention that the respondent is seriously mentally impaired has not
been sustained by clear and convincing evidence, it shall deny the
application and terminate the proceeding.
4. If the respondent is not taken into custody under section
229.11, but the court subsequently finds good cause to believe that
the respondent is about to depart from the jurisdiction of the court,
the court may order such limited detention of the respondent as is
authorized by section 229.11 and is necessary to insure that the
respondent will not depart from the jurisdiction of the court without
the court's approval until the proceeding relative to the respondent
has been concluded.
5. 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.
229.12 HEARING PROCEDURE.
1. At the hospitalization hearing, evidence in support of the
contentions made in the application shall be presented by the county
attorney. During the hearing the applicant and the respondent shall
be afforded an opportunity to testify and to present and
cross-examine witnesses, and the court may receive the testimony of
any other interested person. The respondent has the right to be
present at the hearing. If the respondent exercises that right and
has been medicated within twelve hours, or such longer period of time
as the court may designate, prior to the beginning of the hearing or
an adjourned session thereof, the judge shall be informed of that
fact and of the probable effects of the medication upon convening of
the hearing.
2. All persons not necessary for the conduct of the proceeding
shall be excluded, except that the court may admit persons having a
legitimate interest in the proceeding and shall permit the advocate
from the respondent's county of legal settlement to attend the
hearing. Upon motion of the county attorney, the judge may exclude
the respondent from the hearing during the testimony of any
particular witness if the judge determines that witness's testimony
is likely to cause the respondent severe emotional trauma.
3. a. The respondent's welfare shall be paramount and the
hearing shall be conducted in as informal a manner as may be
consistent with orderly procedure, but consistent therewith the issue
shall be tried as a civil matter. Such discovery as is permitted
under the Iowa rules of civil procedure shall be available to the
respondent. The court shall receive all relevant and material
evidence which may be offered and need not be bound by the rules of
evidence. There shall be a presumption in favor of the respondent,
and the burden of evidence in support of the contentions made in the
application shall be upon the applicant.
b. The licensed physician or qualified mental health
professional who examined the respondent shall be present at the
hearing unless the court for good cause finds that the licensed
physician's or qualified mental health professional's presence or
testimony is not necessary. The applicant, respondent, and the
respondent's attorney may waive the presence or the telephonic
appearance of the licensed physician or qualified mental health
professional who examined the respondent and agree to submit as
evidence the written report of the licensed physician or qualified
mental health professional. The respondent's attorney shall inform
the court if the respondent's attorney reasonably believes that the
respondent, due to diminished capacity, cannot make an adequately
considered waiver decision. "Good cause" for finding that the
testimony of the licensed physician or qualified mental health
professional who examined the respondent is not necessary may include
but is not limited to such a waiver. If the court determines that
the testimony of the licensed physician or qualified mental health
professional is necessary, the court may allow the licensed physician
or the qualified mental health professional to testify by telephone.
c. If upon completion of the hearing the court finds that the
contention that the respondent is seriously mentally impaired has not
been sustained by clear and convincing evidence, it shall deny the
application and terminate the proceeding.
4. If the respondent is not taken into custody under section
229.11, but the court subsequently finds good cause to believe that
the respondent is about to depart from the jurisdiction of the court,
the court may order such limited detention of the respondent as is
authorized by section 229.11 and is necessary to insure that the
respondent will not depart from the jurisdiction of the court without
the court's approval until the proceeding relative to the respondent
has been concluded.
5. 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.
